Arba Minch University Research
Arba Minch University Research
FEBRUARY, 2017
ARBAMINCH, ETHIOPIA
DECLARATION
I, Aschalew Degu, hereby declare that this thesis is original and has never been
presented in any other academic institution. Where other people‘s works have been
used and or referred to, acknowledgments have been duly made.
Signature ____________________________________
Date _____________________________________
Signature _______________________________________
Date ________________________________________
Signature/date: __________________________
ACKNOWLEDGEMENT
Above all I want to thank the almighty God for everything he done, do and doing
in my life.
I am also grateful for my friends, classmates and whole member of AMU law
school for making my stay enjoyable.
Last but not the least, the contribution of my family could not be measured. Thank
you, all of my families for your support, encouragement, love and patience.
LIST OF TABLES
Table 1, Socio demographic characteristics, by age, sex and time they stay in Arbaminch
town prison center
The term prison is also used in different jurisdictions either, only for a place of detention where
prisoners who have been convicted are serving their sentence or for a place of detention where
prisoners who have been convicted are serving their sentence or for a place of detention where
convicted persons, awaiting trail persons and persons who are subject to different conditions of
security are serving sentences or awaiting trial. 4 When we see the Ethiopian context the federal
prison commission establishment proclamation define prison as “a place where convicted
persons serve their sentence, reformed and rehabilitated, and where remand prisoners are held in
custody until verdict”5.
International human rights instruments proclaim that persons who are detained or imprisoned do
not cease to be human beings, no matter how serious the crime of which they have been accused
or convicted.6Under treatment of Federal Prisoners Council of Ministers Regulation treatment of
prisoners shall be based on the basic principles of respect to their human dignity unless restricted
by the penalties imposed on them. 7However at present the situation in prisons is characterized by
recurrent challenges such as high levels of overcrowding, disease, malnutrition, torture and ill-
1
; Bryan A. Garner (Editor in chief) Black’s law dictionary, 8th ed.2004, p. 3752(pdf.)
2
; Andrew coyle, Handbook for prison staff: A human right approach to prison management, Kings College,
international center for prison studies, London, 2002, p.10.
3
; Federal Prisons Commission Establishment Proclamation, Proclamation No. 365/2003, Article 2(5)
4
; supra note 2
5
; supra note 3, Article 2(4)
6
; Addisu Guililat, The human right of detained persons in Ethiopia case study in Addis Ababa, Faculty of Law,
school of graduate studies, Addis Ababa University, Ethiopia, December, 2012.page.2.
7
; Council Of Ministers Regulations On The Treatment Of Federal Prisoners, Regulations No. 138/2007
1
treatment of inmates and long pre-trial detention periods. The above problems are exacerbated by
the fact that there is a high level of official secrecy regarding what goes on in prisons and
detention centers thus prison conditions are therefore shielded from public scrutiny. Furthermore,
most prison and law enforcement authorities are still ignorant about the provisions of human
rights instruments on the treatment of people deprived of their liberty and the material
and financial resources available to them are in most cases inadequate.8
The united nation human right committee has expressed its concerns about prison conditions in
Ethiopia remain alarming, in particular for a women and children and not compatible with the
United Nations Standard Minimum Rules for the Treatment of Prisoners.9
Prisoner’s right to get medical service is among United Nation minimum rules for the treatment
of prisoners,10 and also universal declaration on human right states that Everyone has the right to
a standard of living adequate for the health and well-being of himself and of his family,
including food, clothing, housing and medical care, the word every one includes
prisoners.11Ethiopia is state party to almost all of human rights instruments that has
relevance to the protection of rights of prisoners and it has, by and large, domesticated
such rights in its prison legislations under the umbrella of the Constitution. 12Constitution of
the federal democratic republic of Ethiopia under chapter three part one which specifically talks
about human rights under Article21 on the caption of The Rights of Persons Held in Custody and
Convicted Prisoners, states that “All persons shall have the opportunity to communicate with
medical doctors”.13Federal Prisons Commission Establishment Proclamation under Article 27
stipulates “Prisoners shall, free of charge, be provided with sufficient food and the necessary
medical care and treatment that, as much as possible, enable the maintenance of their
health”14.Council Of Ministers Regulations on the Treatment of Federal prisoners under its
8
; Addisu Guililat, Supra note, 6, page.1.
9
; Ibid, Page.3.
10
; Standard Minimum Rules for the Treatment of Prisoners Adopted by the First United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic
and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977
11
; Universal Declaration of Human Rights, Adopted and proclaimed by General Assembly Resolution 217 A(III) of
10 December 1948.
12
; Addisu Guililat, Supra note,6, page.4.
13
; The constitution of Federal Democratic Republic Of Ethiopia, Proclamation No. 1 of 1995, Negarit
Gazetta, year 1,No 1, Article 21
14
; Supra note 3, Article 27
2
provisions states prisoner’s right to acquire medical service without any charge and by efficient
personnel’s adequate equipment’s.15But the Special Rapporteur on Prisons to Ethiopia (2004)
under its report on prison condition in Ethiopia asserted that there is lack of well-established
health centers and those that exist do not have trained health personnel. This endeavor on the
normative framework, as is the case in other human rights issues, is, however, not
backed by implementation.16
There are some indications of problems with regard to proper implementation of prisoner’s
rights, in line with the standards set in the laws of the country and ratified conventions.) The
report shows the existence of the gap between the laws and the practice going on in different
prisons of Ethiopia.17 The researcher also observed during his free legal aid service in Arbaminch
prison center some rights of prisoners are not properly implemented.
Whatever the nature of offence prisoners retain all fundamental rights to which they are entitled
as human person. All most all international legal instruments which used to protect prisoners
right give recognition for prisoner’s right to health. Ethiopia is state party on most international
legal instruments which protect prisoners right and also domesticate thus instruments under the
umbrella of the constitution, the house of people representative also made proclamation on the
establishment of prison administration commission18, additional to this council of minster enact
regulation which deal about treatment of federal prisoners. 19 This proclamation and regulation
gives recognition for prisoners right to health, even though the right to health of prisoners get
recognition under national legal frame work their implementation is doubtful. So the
implementation of the legal frame work must to be seen by the researches which conducted on
prisons.
In the case area there is not yet a research which specifically deals with the right to health of
prisoners that is the reason this research is made and tries to assess prisoner’s right to health
15
; Supra note 7, Article 11
16
;AddisuGuililat, Supra note,6, page.3-4
17
; ibid
18
; supra note,3
19
; ibid
3
enforcement in the case area and also to determine whether it is in line with international and
domestic legal frameworks.
The other reason to make this study is, most of prisoners doesn’t have sufficient knowledge with
regard to their rights, upon their ignorance of the right entitled they are vulnerable for violation
right.
Additional to the above reasons, the researcher under his free legal aid service on the case area
suspect infringement of prisoners right to health.
What are the factors that hinder protection and enforcement of the right to health of
prisoners in Arbaminch prison center and what will be the possible remedy?
What legal obligations are imposed on government by the international, regional and
local legal instruments for the protection of prisoner’s right to health?
What gaps are exist between the law and practice with regard to prisoners right to health?
What are the reasons for violation of prisoner’s right to health in the case area?
Is there accessible, acceptable, sufficient and quality health service in the case area?
What will be the possible remedy to decrease violation of prisoner’s right to health in
Arbaminch prison center?
The general objective of the study is to assess the protection and enforcement of the right to
health of prisoners and to find out the gap between the law and practice.
To examine the way of protection of prisoners right to health in Arbaminch prison center.
4
To determine whether the rights of prisoners in the case areas implemented in line with
the standard set in international legal instruments.
To examine the prisoners expectation and perceptions towards protection and
enforcement of the right to health in the case area.
To explore the practical challenges against the implementation of the right to health in
Arbaminch prison centers
To find out effective remedies for the avoidance or reduction for infringements of
prisoners right to health.
The study holds both legal and practical analyses with regard to prisoner’s right to health.
Endeavor will be made to assess the legal protection made for prisoners right to health in
both international and domestic legal instruments. The practical analysis covers condition of
protection and enforcement of prisoner’s right to health in Arbaminch prison center.
It is clear that preparing research paper could not be free from limitations, the researcher
also expect the following problems as a limitation; the first challenge the researcher
5
expect was time limitation because the researcher made this research side by side with his
regular learning time, the second challenge the researcher forecast during data collection
the respondents involuntariness and fear to give sufficient information, the third
challenge the researcher expect is lack of sufficient documents like prison reports and
organized prisoners health status data.
The researcher use both qualitative and quantitative method of data analysis to analyze
the data collected from respondents. Qualitative method of data analysis will be used to
assess factors that hinder effective enforcement of prisoner’s right to health. The
quantitative method of data analysis will be used to determine the accessibility,
sufficiency and quality of medical care service in the case area. The result of the
respondents can be presented in tabulated way and also the collected data will be
analyzed with the laws of Ethiopia and international standards.
This study will be organized into four chapters. The first chapter deals with proposal
which includes background of the study, statement of the problem, research question and
6
so on. The second chapter would discuss review of related literatures. The third chapter
devoted to data presentation and analysis on the right to health of prisoners in the case
area. And the final chapter covers conclusion and recommendation.
7
CHAPTER TWO
REVIEW OF RELATED LITERATURE
2.1. Conceptual over view on Prison, prisoner and prisoner’s right to health
2.1.1. Prison
The term prison is used to connote different implication in different jurisdictions either, only for
a place of detention where prisoners who have been convicted are serving their sentence or for a
place of detention where prisoners who have been convicted are serving their sentence or for a
place of detention where convicted persons, awaiting trail persons and persons who are subject to
different conditions of security are serving sentences or awaiting trial. 20 When we see the
Ethiopian context the federal prison commission establishment proclamation define prison as “a
place where convicted persons serve their sentence, reformed and rehabilitated, and where
remand prisoners are held in custody until verdict”21
2.1.2. Prisoner
Black’s law dictionary define the term prisoner as “a person who is serving time in prison”. 22 The
term used to connote different implications in different jurisdictions. In some jurisdictions it
refers persons who have been convicted, while in some other jurisdiction it used to refer persons
awaiting trial in prison, or person who is detained up on judicial remand. 23 When we see
Ethiopian context the federal prison commission establishment proclamation define prisoner as
“a convicted person, who is serving sentence, and prisoner detained up on judicial remand”24.
8
All human beings, and this obviously includes prisoners, have certain unalienable rights, which
are acknowledged by internationally recognized instruments. 26
In 1955, the United Nations, in its Standard Minimum Rules for the Protection of Prisoners
(SMR) set down standards that include principles for providing health care in custody. 27
Prisoner’s right to health is a right of prisoners to get complete physical, mental and social
wellbeing when they are in custody.28
Any prisoner who is sick has a right to get a care from the medical officer with regard to his
mental and physical condition without any charge, this providing medical care duty of the
institution include providing medical facility, adequate medical equipment and pharmaceuticals
31
UN standard minimum rules for the treatment of prisoners under rule 22 states that the medical
services on the institution shall include psychiatric services, 32 so prisoners have a right to get
psychiatric service.
Prisoners who are sick and also who needs special treatment shall be transferred to specialized
institution or to civil hospitals. 33 In every prison the service of qualified dental officer shall be
26
: Hernán Reyes, Health and human rights in prisons 01-12-2001, Extract from "HIV in Prisons: A reader with
particular relevance to the newly independent states", chapter 2, pp.9-18, World Health Organization-Europe "HIPP"
(Health in Prisons Project), 2001.
27
: Supra note, 10
28
: Supra note, 26
29
: Prison health care and medical Ethics A manual for health-care workers and other prison staff, with
responsibility for prisoners’ well-being Andres Lehtmets Jörg Pont, Council of Europe, November, 2014, page 10
30
: ibid, page 11
31
:Supra note 7, Article 11(1), (2)
32
: Supra note 10, Rule 22(1)
33
: Ibid, 22(2)
9
available and also any prisoner who is sick has a right to acquire such service. 34 Additional to
these women’s have a right to get special accommodation in both pre natal and post natal time. 35
And also there are other rights which can be included under prisoner’s right to health.
34
: Ibid, 22(3)
35
: Ibid 23(1)
36
: Chris Tapscott, Challenges to Good prison Governance in Africa, Page 72, Pdf
37
: United nation office on drugs and crimes, world health organization, regional officer for Europe, Good
governance for prison health in the 21st century, A policy brief on the organization of prison health, Page 15
38
:Ibid, Page 14
39
: Ibid
40
: Ibid
41
: Ibid, Page 13
10
human rights treaties – for example, the UN Human Rights Committee monitors implementation
of the International Covenant on Civil and Political Rights.42
42
: FACTSHEET Health and Medical Treatment, prisoners abroad updated July 2010, page 2 (pdf)
43
: Supra note 11, Article 5,25
44
: Ibid, Article 25
45
: Supra note, 37, page 2
46
: International Covenant on Economic, Social and Cultural Rights Adopted and opened for signature, ratification
and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 3 January 1976,
Article 12
47
: International covenant on civil and political rights, adopted and opened for signature, ratification and accession
by General Assembly resolution 2200A(XXI) of 16 December1966, entry into force 23 March1976, Article 10
11
authorities should comply with their obligation to respect the prisoner’s human dignity and fulfill
their duty of care. Serious illness should not result from the prison conditions or lack of care.48
Cruel, inhuman and degrading treatment to deny a person life-saving treatment could be regarded
as a breach of article 7 of the ICCPR which prohibits cruel, inhuman or degrading treatment. 49
It may be possible to base your right to health on the right to life if you need potentially life-
saving treatment or if you suffer from a life threatening disease. The right to life is guaranteed by
article 6 of the ICCPR.50
48
: Supra note, 37, page 3
49
: Supra note, 46, Article 7
50
: Ibid, Article 6
51
: Supra note 10, Rule 22-26
52
: The European Convention on Human Rights opened for signature in Rome on 4 November 1950 and came in to
force in 1953.
53
: Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and
Lawyers, Chapter 3,The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
54
: The European Social Charter(revised), open for signature by member states of the council Europe
Strasbourg,03/05/96, enter in to ratification 01/07/1999
55
: Ibid, Article 11,13
12
There is also useful guidance relating to health in the Council of Europe’s European Prison Rules
rule number 39-48 gives a brief guidance relating to health and medical care, including specific
provisions on mental health.56
2.2.2.3. American Convention on Human Rights (ACHR) 1969 and Protocol of 1988
The ACHR is an international human rights instrument adopted by the nations of the Americas.
Medical assistance for prisoners has been read into Article 5 of the ACHR, which protects the
right to humane treatment.57
The right to health and the right to a healthy environment also stated under the protocol to
American Convention on Human Rights article 10 and 11.58
• Every individual shall have the right to enjoy the best attainable state of physical and mental
health, and
• State Parties to the ACHPR shall take the necessary measures to protect the health of their
people and to ensure that they receive medical attention when they are sick.
13
The constitution under article 21 states that “all persons held in custody and persons imprisoned
up on conviction and sentencing have the right to treatments respecting their human dignity.” 61
This article also grants prisoners right to communicate with and to be visited by some selected
persons, under sub article to its reads “All persons shall have the opportunity to communicate
with, and to be visited by, their spouses or partners, close relatives, friends, religious councilors,
medical doctors and their legal counsel.”62
Additional to these rights which specifically found on the constitution, international human right
instruments are also granted for Ethiopian prisoner’s article 9(4) states that “All international
agreements ratified by Ethiopia are an integral part of the law of the land.” 63 Hence forth,
prisoners can invoke rights which are granted for them under UDHR, ICCPR, and the African
charter on human and people’s right and other international human right instruments.64
Additionally the proclamation gives special emphasis for female prisoners having dependent
infants by permitting infants to stay with their mother and by providing what is necessary to the
health and care of infants.66
The proclamation also gives prisoners the right to communicate with their medical doctor. 67
61
: Ibid, Article 21(1)
62
: Ibid, Article 21(2)
63
: Ibid, Article 9(4)
64
:Supra note, 6, page 39
65
: Supra note 3, Article 27
66
: Ibid, Article 28(1)
67
: Ibid, Article 29
68
: Supra note 7, Article 11(1)
69
: Ibid, Article 11(2)
14
hospitals70, inspection of prison sanitation by medical officer 71, special accommodation to
pregnant prisoner 72 and special treatment for children his/her mother is in prison.73
70
: Ibid, Article 11(4)
71
: Ibid, Article 11(5)
72
: Ibid, Article 11(7)
73
: Ibid, Article 12(1)
74
: Ibid, Article 13(1)
15
CHAPTER THREE
3. DATA PRESENTATION, INTERPRETATION AND ANALYSIS
3.1. Analysis of the data on the implementation of prisoner’s right to health in Arbaminch
town prison center
Under this topic the implementation of prisoner’s right to health in Arbaminch town prison
center will be discussed. The data is collected through dissemination of questionnaires for the
selected prisoners, by observation and interview with 3 administrative staffs, 3 medical staffs and
4 prisons polices in the case area.
At the time of undertaking of the dissemination of questionnaire, there were 2048 prisoners in
Arbaminch town prison center, from the total number of prisoners 1936 were male and 112 were
female. Accordingly the questionnaire is disseminated and fulfilled with 20 prisoners it was
equally participatory to females, pregnant and new mother prisoners and also prisoners with
communicable disease
Total 20 100%
Age 16-24 10 50%
25-34 8 40%
34-45 1 5%
Above 45 1 5%
Total 20 100%
Year of stay in 1-3 11 55%
4-7 7 35%
16
Arbaminch town
prison center 8-13 2 10%
Above 13 0 0
Total 20 100%
From the total 20 respondents 11 of them which is 55% were male and also 9 of them which is
45% were female. From the respondents 10(50%) were included under the age of 16-24, 8(40%)
were included under the age of 25-34, 1(5%) were included under the age of 34-45 and also the
other left 1(5%) is above the age of 45. Among the total respondents 11(55%) of respondents
stay in Arbaminch city prison center for 1-3 years, while other 7(35%) stay in prison for 4-7
years, 2(10%) respondents were stay in prison for 8-13 years and also there is no respondent who
stay in prison center for more than 13 years.
All of the respondents are agreed on the existence of health service in the prison but they rise
some reservation on the service they acquire like service is not clear from bureaucracy and also
they are some doubts on the skill of medical staffs they lack commitment and initiative for the
work. Up on my understanding from my interview with prison administrators and wardens, they
also share the claim of prisoners by saying there is not sufficient skilled staff, the higher rank in
the prison clinic is clinical nurse even there is no health officer in the prison center. To rectify
17
this problem the prison staffs ask regional health bureau but there is no answer from the regional
bureau.
All of respondents agreed on the existence of free pharmaceutical service provided in prison but
they have some grievance on the quantity and Variety of drugs, prisoners say there is no
sufficient amount of drug and also sometimes we are obliged to stay until the drug is bought. The
pharmacist of the prison agreed on this point most of the time drugs were bought for commonly
occurred diseases like malaria, typhoid and typhus and existence of drugs for diseases other than
common diseases is not sufficient. Up on my observation of the pharmacy of the clinic it is not a
kind which is well organized and the pharmacy is not full filled with sufficient drugs both in
number and variety.
18
Arbaminch prison t
center? Yes 12 80%
No 3 20%
Total 15 100%
Table 4
Among the respondents 12(80%) of respondents there is psychiatric service in the prison center
while the other 3(20%) there is no psychiatric service in the prison. Some of Prisoners who say
“yes” has some claim on the service one from the perspective of accessibility, the service was
not accessible on the time they need and the second perspective was claim of confidentiality,
they doubt on the impartiality of the psychiatry.
From the total respondent 15(75%) of them says prisoners with communicable disease
accommodated separately while other 5(25%) says prisoners with communicable disease are not
19
accommodated separately. On my interview with medical staffs, administrative staffs and prison
polices all of them assures me that person with communicable disease accommodated separately
with sufficient medical treatment while there is no any additional treatment like food.
From the total respondents 5(33%) of them says prisoners with mental case can be
accommodated separately while the majority respondents which is 10(67%) says prisoners with
mental case cannot accommodated separately. Up on my observation and interview with medical
staffs, administrative staffs and prison polices, prisoners with mental case is not accommodated
separately the main reason for this is there is no room to make them separate because there is a
problem of overcrowding which may be rectified when the new prison which is built near Chano
area accomplished and begin providing service
Additionally, in my time with prison officials and prison polices I understand their knowledge
with regard to prisoners right as a general and prisoners right to health in particular is very low
this affect treatment of prisoners. Up on ignorance of law by prison officials, prisoners with
communicable disease and mental case lacks the special treatments like food and other medical
follow up.
20
How do you Very good 6 60%
evaluate Good 2 20%
pregnant Medium 2 20%
prisoner’s pre- Low 0 -
natal and post- Total 15 100%
natal care?
Table 6
From the total respondents 10(67%) says there is pre natal and post natal care in prison, while the
other 5(33%) of the respondents says there is no pr natal and post natal service in prison. From
prisoners who says there is pre natal and post natal care in prison 6(60%) of them says the care
provided by prison is very good, the other 2(20%) says the pr natal and post natal care is good
and the remaining 2(20%) says the service provide by prison for pre natal and post natal care is
medium. In my interview with the medical staffs, administrative staffs and prison polices,
pregnant prisoners get care until birth and after birth the child get any medicine and vaccination
which is necessary. But the mother doesn’t get any additional treatment which different from
other prisoners except a money 340 birr given monthly for buying of milk and other necessary
things for the treatment of baby.
21
From the respondents 12(80%) responded that yes we get the vaccination service, while the other
3(20%) responded that we don’t get any vaccination, vaccination is only given to infants. In my
interview with the clinical nurse of the prison vaccination is given for prisoners if it is necessary
to prevent pandemic. Additionally there is works to prevent diseases before occurrence by
making awareness creation, and also for water born diseases by using water treatment chemicals.
When the pandemic like cholera in the city occur there are some mechanisms used to prevent, by
ignoring usage of water that came from river (Kulfo River), prohibiting fruit market in side
prison and sometimes it includes prohibiting entrance of food to prison from the prisoner’s
family.
From the respondents 12(80%) of respondents responded that they are transferred to hospital if it
is necessary, while other 3(20%) of respondents answers that we are not transferred to hospital
even if the case is necessary. But in my interview with prison administrators, medical staffs, and
prison polices said that prisoners can be transferred to Arbaminch hospital and even the case is
beyond the hospital power and if prisoners refereed to Hawasa and Addis Ababa hospitals.
22
CHAPTER FOUR
4. CONCLUSION AND RECOMMENDATION
4.1. Conclusion
As discussed in the previous chapters there are so many international and regional legal
instruments that protect prisoner’s right to health. Ethiopia is also state party in all most all
international and regional legal instruments that protects prisoner’s right. The 1995 FDRE
constitution also makes these international parts of the laws of the land and also the constitution
incorporates the rights of prisoners. Additional to this house of people representatives made a
proclamation which is the federal prison commission establishment Proclamation No 365/2003
and also council of minister enact regulation which is the federal prisoner’s treatment
Proclamation No 138/2007. All of the above national and international instruments recognize
prisoner’s right to health. But their enforcement is doubtful and it is mandatory to be checked by
practical assessment on prison centers.
The study assessed the implementation of prisoner’s right to health in Arbaminch town prison
center in light of the international and local statutes and tries to clear such doubtfulness. As per
the finding of the study protection of prisoners right to health and practice of the prison is not in
line with the standards set in the international and local legal frame works.
In the prison the medical service is not supported by well skilled medical staffs, there is not
sufficient pharmaceuticals, there is problem on psychiatric service with regard to accessibility
and confidentiality, there is also not separate treatment for prisoners with communicable disease,
mental illness, mother with child and also there is not special treatment in pre natal and post natal
time for mothers.
Generally up on the finding of the study prisoners right to health in Arbaminch town prison
center is not in line with international and national legal frameworks.
23
4.2. Recommendation
In order to solve problems of implementation and to have better protection of prisoner right to
health in Arbaminch town prison center, the researcher recommend the following:-
In the study the researcher understands prisoners, prison polices and partially prison
officials have not sufficient knowledge on prisoner’s right to health. So there must be a
regular training for prison community with regard to prisoner’s right to health.
There is budget scarcity to provide special treatment for prisoners with communicable
disease, mental illness and also for pre natal and post natal treatment. To give better
protection and treatment for this prisoners the government must to increase the general
budget of prisoners or it must to allocate special budget for thus kind of special treatment.
As per article 6(3) of Federal prison commission establishment Proclamation No
365/2003 the federal prison commission has a duty to maintain prisoner’s health care
right. Additional to this body regional and zonal justice bureaus have to make possible
arrangements to follow up and supervise the treatments of prisoners right in general and
protection of prisoner’s right to health in particular in Arbaminch town prison center.
There is a problem with regard to well skilled medical staffs and sufficient
pharmaceuticals in the case area. To avoid this problem the prison officials must to work
with health bureau to assign qualified personnel. The health bureau should consider such
problems and allocate the necessary medical equipment and assign sufficient and
efficient health professionals including medical doctors. Additionally the concerning
NGO’s which are working with the improvement of community health care should also
participate on the improvement of prisons health care problems.
The other problem in Arbaminch town prison center is overcrowding, to avoid this
overcrowding problem, facilitation of construction of the new prison which built near
Chano area which includes modern and improved sanitary facilities is necessary. The
24
new prison has vital role in rectifying overcrowding problem because it share the burden
of the current Arbaminch town prison center.
When there is some shortage of water, water is taken from Kulfo river, this unclean water
may be a source of water born diseases like cholera, so prison officials must to work in
collaboration with the town water service providing organ to rectify this shortage of
water service in prison.
25
BIBLIOGRAPHY
Books
Andrew coyle, Handbook for prison staff: A human right approach to prison
management, Kings College, international center for prison studies, London, 2002.
Addisu Guililat, The human right of detained persons in Ethiopia case study in
Addis Ababa, Faculty of Law, school of graduate studies, Addis Ababa
University, Ethiopia, December, 2012.
Bryan A. Garner (Editor in chief) Black’s law dictionary, 8th ed.2004, (pdf.)
Chris Tapscott, Challenges to Good prison Governance in Africa, Pdf
Factsheet Health and Medical Treatment, prisoners abroad updated July 2010,
(pdf)
Hernán Reyes, Health and human rights in prisons 01-12-2001, Extract from "HIV
in Prisons: A reader with particular relevance to the newly independent states",
chapter 2, World Health Organization-Europe "HIPP" (Health in Prisons Project),
2001.
26
Joseph E. Paris, PhD, MD, Virtual Mentor American Medical Association, Why
Prisoners Deserve Health Care, Training Series No.11, Add. 3, 2005, Journal of
Ethics February 2008, Volume 10, Number 2: Medicine and society
World health organization, Regional office for Europe Prisons and Health Edited
by: Stefan Enggist, Lars Møller, Gauden Galea and Caroline Udesen, 2014
Internet source
Minds Imprisoned: Mental Health Care in Prison, national institute of mental health and
neuro sciences, deemed university, Bangalore-560029, India, Available at Minds
Imprisoned: Mental Health Care in Prison, national institute of mental health and neuro sciences,
deemed university, Bangalore-560029, India, Available at
http://www.who.int/about/definition/en/print.html, last accessed December 21,2016,03:46
Laws
International
1. African Charter on Human & Peoples‘ Rights, Adopted 27 June 1981,
OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered in to force 21
October 1986.
2. Additional Protocol to the American Convention on Human Rights in the area of
economic, social and cultural rights, open for signature 17 November 1988 and
came in to effect on 16 November 1999
3. American Convention on Human Rights, adopted at the inter American
specialized conference on human rights, San Jose, Costa Rica, 22 November 1969
4. Council of Europe’s European Prison Rules
5. International Covenant on Economic, Social and Cultural Rights Adopted and
opened for signature, ratification and accession by General Assembly resolution
2200A (XXI) of 16 December 1966 entry into force 3 January 1976
6. International covenant on civil and political rights, adopted and opened for
signature, ratification and accession by General Assembly resolution 2200A(XXI)
of 16 December1966, entry into force 23 March1976
27
7. Standard Minimum Rules for the Treatment of Prisoners Adopted by the First
United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, held at Geneva in 1955, and approved by the Economic and Social
Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13
May 1977
8. The European Convention on Human Rights opened for signature in Rome on 4
November 1950 and came in to force in 1953.
9. The European Social Charter(revised), open for signature by member states of the
council Europe Strasbourg,03/05/96, enter in to ratification 01/07/1999
10. The Ouagadougou Declaration on Accelerating Prison and Penal Reform in
Africa, adopted at the at the second pan-African Conference on Prison and Penal
Reform in Africa, held in Ouagadougou, Burkina Faso between 18–20 Sept. 2002
11. Universal Declaration of Human Rights, Adopted and proclaimed by General
Assembly Resolution 217 A(III) of 10 December 1948.
National
1. Federal Prisons Commission Establishment Proclamation, Proclamation No.
365/2003
2. Council Of Ministers Regulations On The Treatment Of Federal Prisoners,
Regulations No. 138/2007
3. The constitution of Federal Democratic Republic Of Ethiopia, Proclamation No. 1
Negarit Gazetta, year 1,No 1 of 1995
28
ANNEX
ARBAMINCH UNIVERSITY
SCHOOL OF LAW
This questionnaire is provided to collect data for the research titled ‘’PRISONERS RIGHT TO
HEALTH IN ARBA MINCH TOWN PRISON CENTER ’’. The data collected from these
questionnaire used for the purpose of research only. To this end we kindly request your
cooperation to answer the following questions ensuring you that the information obtained
accordingly serves only as academic research purpose and will be held confidentially. Don’t
write your name and put only ‘’×’’ symbol in provided space. Thanks in advance for your time
and valuable information.
Personal information
Above 45
YES NO
29
4.1. If you say “YES” for question number 4 how do you describe the quality and
accessibility of the
service?-----------------------------------------------------------------------------------------------------------
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--------------
5. Is their separate accommodation for prisoners with communicable disease Arbaminch prison
center?
YES NO
6. Is their separate accommodation for prisoners with mental case in Arbaminch prison center?
YES NO
YES NO
YES NO
7.2. If you say “YES” for question number 7.1. How do you describe the service of pre natal and
post natal treatment?
8. Did you get vaccination service in Arbaminch prison center when there is pandemic?
YES NO
9. Can you transferred to hospitals for cases beyond the clinic capacity?
YES NO
1. Is their separate treatment for prisoners with communicable disease in Arbaminch prison
center?
YES NO
2. If you say “YES” for question number 1what kind of treatment did you
get?-------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
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30