WOLLEGA UNIVERSITY

SCHOOL OF LAW

THE ENFORCEMENT DILEMMAS OF ACCESS RIGHTS OF PRISONERS:THE

CASE STUDY OF PRISION INSTITUTIONS IN WEST OROMIA REGIONAL STATE
OF ETHIOPIA.

Thesis Proposal in partial fulfillment of LL.M program in Constitutional and Human

Rights, Wollega University, School of Law

Advisor: Berhanu M (LL.B, LL,M ,Ass.Prof)

By: Dawit Desalegne

March, 2024

Nekemte, Ethiopia
 CHAPTER ONE

1. INTRODUCTION
1.1. Background of the Study
Prisons are an indispensable element of the criminal justice system in every country, as there can
be no society without crime and criminals. They have existed in most societies for many
centuries. If they are used appropriately, they play a crucial role in upholding the rule of law, as
they help to ensure that alleged offenders are brought to justice and provide a penalty for serious
offences1. The criminal justice system should uphold human rights for all; it should be non-
discriminatory, fair and effective and protect the rights of disadvantaged people 2. Prisons should
be modeled on the principle of human dignity, which respects the worth of every human being.
Therefore, safe prisons are essential to making the criminal justice system an effective weapon
against crime. Ensuring humane prison conditions that are in line with international standards for
the treatment of people detained is key to the establishment of fair and effective criminal justice
systems. Living conditions in a prison are among the chief factors determining one’s self-esteem
and dignity. Humane prison conditions also reduce the prevalence of violence in prisons3.

A prison is a facility in which individuals are forcibly confined and deprived of their freedom as
a punishment for committing a crime. Prisons are operated by the government and are designed
to house individuals who have been convicted of serious crimes, typically those involving
violence or significant harm to others. The primary purpose of prisons is to serve as a deterrent to
crime, to protect society from dangerous individuals, and to provide a means of rehabilitation
and punishment for those who have committed offenses. Prisons can vary in terms of security
levels, with some being maximum-security facilities and others being minimum or medium-
security facilities. Inmates in prisons are typically provided with basic necessities such as food,
shelter, and medical care, although the quality and availability of these services can vary
depending on the facility and the country4.

Prisoners refer to individuals who are confined or incarcerated in a prison or jail because of
being convicted of a crime. These individuals have been found guilty of violating the law and
have been sentenced to serve a period of time in a correctional facility. The term "prisoners" can
also be used more broadly to describe individuals who are held captive or detained against their
will, such as hostages or those held for ransom. In the context of criminal justice, prisoners are
typically those who have been sentenced to prison by a court of law, although they may also be
held in jail while awaiting trial or sentencing. The conditions and treatment of prisoners can vary

1
‘Justice & Prisons’ accessed on 25 October 2021
2
PRI, ‘The issue’ accessed on 15 October 2021
3
Ibid
4
Ibid
depending on the country, the type of facility, and the individual's sentence, but they are
generally provided with basic necessities such as food, shelter, and medical care5.

Accused persons refer to individuals who have been formally charged with a crime, but have not
yet been convicted or found guilty. This term is often used in the context of criminal
proceedings, where an individual is accused of committing a crime and is brought before a court
to answer to the charges. The accused person is considered innocent until proven guilty, and is
entitled to due process and a fair trial. During the legal proceedings, the accused person has the
opportunity to present evidence and arguments in their defense, and the prosecution presents
evidence and arguments to support the charges. The outcome of the trial will determine whether
the accused person is found guilty or not guilty of the crime. It is important to note that being
accused of a crime does not necessarily mean that the person is guilty, and they are presumed
innocent until proven otherwise6.

Detained persons refer to individuals who have been held or confined by authorities, typically by
the police or other law enforcement agencies, for questioning or investigation related to a crime
or other matter. Detention can be used as a tool to gather information, identify suspects, or
prevent potential harm to individuals or the public. Detained persons may be held for a short
period of time, such as for questioning, or for a longer period, such as in the case of pre-trial
detention. The rights of detained persons vary depending on the jurisdiction and the
circumstances of the detention, but they are generally entitled to certain legal protections, such as
the right to be informed of the reasons for their detention, the right to legal counsel, and the right
to be present with a lawyer during questioning. In some cases, detained persons may be released
on bail or on their own recognizance, while in other cases, they may be held in custody until the
investigation is complete or until a court determines their guilt or innocence7.

Prisoners have certain rights that are protected by law, although the specific rights may vary
depending on the country and the jurisdiction. In general, prisoners have the right to be treated
humanely and with dignity, and to be free from cruel and unusual punishment. They also have
the right to access basic necessities such as food, shelter, and medical care. In addition, prisoners
have the right to communicate with their family and friends, and to receive visits from them.
They also have the right to practice their religion, and to engage in lawful activities such as
reading, writing, and education. Prisoners also have the right to appeal their conviction or
sentence, and to access legal counsel. In some countries, prisoners also have the right to vote,
and to participate in prison rehabilitation programs. It is important to note that these rights are
not absolute, and may be subject to limitations or restrictions based on the specific circumstances
of the prisoner's case or the security level of the facility8.

5
Ibid
6
ibid
7
ibid
8
ibid
Indeed, the essence of imprisonment is deprivation of liberty and hence affects certain other
rights, such as freedom of movement, which are the inevitable consequences of imprisonment 9.
Prison authorities are tasked with making sure that deprivation of liberty is executed in a manner,
which is no more restrictive than is necessary. Prison conditions other than the sentence should
not be an additional sanction. Punishment entails infliction of pain/harm or deprivation or loss of
valued things on a person who is judged to have transgressed a law or to have violated a
command given by some authority. The execution of the sentence should be carried out in line
with the very purpose of the criminal law10.

Yet, persons who are imprisoned retain their human rights and fundamental freedoms. They do
not cease to be human beings, no matter how serious the crime of which they have been
convicted. The law court or other judicial tribunal, which tried their case, ruled that they should
be deprived of their liberty, not that they should forfeit their humanity 11. Among others, prisoners
have the right to be treated with humanity and respect for their dignity and the right not to be
subjected to torture, or cruel, inhuman or degrading treatment or punishment as well as the right
to enjoy good health, both physical and mental, and the entitlement to a standard of medical care
which is at least the equivalent of that provided in the wider community. Nevertheless, some
rights are to be restricted by imprisonment or forfeited because of the deprivation of liberty 12.
These rights include the right of freedom of movement, the freedom of assembly and association,
the right to family contact, the right to take part in the government of one’s country directly or
through freely chosen representatives, and the rights of mothers and children to family life. A
number of international human rights standards contain requirements for the treatment of people
in prison. These include International Covenant on Civil and Political Rights and Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment (1984) or Committee against
Torture.13 The former states that all persons deprived of their liberty should be treated with
humanity and with respect for the inherent dignity of the human person 14. Besides, the
International Covenant on Economic, Social and Cultural Rights establishes the right of everyone
to the enjoyment of the highest attainable standard of physical and mental health. Furthermore,
the African Charter on Human and Peoples’ Rights reaffirms that every individual should have
the right to the respect of the dignity inherent in a human being and to the recognition of his legal
status15.

It should be emphasized that, however, “the Revised UN Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules) (2015) constitute the universally
9
Ibid
10
The 2004 Criminal Code of the Federal Democratic Republic of Ethiopia, Arts. 1, 87 and 112 (hereinafter called
the FDRE Criminal Code
11
Andrew Coyle (n. 5) 33.
12
Ibid
13
A.T. Turk, Criminality and Legal Order, Rand McNally, Chicago, 1969, 19; A. Fagothey, Right and Reason: Ethics in
Theory and Practice, C.V. Mosby Company, U.S.A., 1959, 371
14
3 Art. 10 and https://www.icrc.org/en/doc/resources/documents/misc/59n8yx.htm
15
Andrew Coyle (n. 5) 33.
acknowledged minimum standards for the management of prison facilities and the treatment of
prisoners, and have been of tremendous value and influence in the development of prison laws,
policies and practices in Member States all over the world” 16. The nine thematic areas of the
Standard Minimum Rules for the Treatment of Prisoners that have been revised are prisoners’
inherent dignity as human beings; vulnerable groups of prisoners; medical and health services;
restrictions, discipline and sanctions; investigation of deaths and torture in custody; access to
legal representation; complaints and inspections; terminology; and staff training 17. From these
legally binding and soft human rights instruments, it therefore follows that the obligation to treat
all prisoners at all times with humanity and with respect for the inherent dignity of the human
person is not derivable in any circumstances. Particularly, Standard Minimum Rules for the
Treatment of Prisoners elucidate that some aspects of the treatment of prisoners are non-
negotiable and reflect legal obligations. They are concerned with the essential features of daily
life in prison and provide technical guidance on prison conditions, and they are designed to
stimulate a constant endeavor to overcome practical difficulties and encourage experiment,
providing that this be in harmony with the principles expressed therein 18. Among the
abovementioned international and regional human rights instruments, Ethiopia has ratified
International Covenant on Civil and Political Rights, Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment (1984) or Committee against Torture and African
Charter on Human and Peoples’ Rights. In addition, the 1995 Constitution of the Federal
Democratic Republic of Ethiopia (hereinafter referred to as the Federal Democratic Republic of
Ethiopia Constitution) and regional constitutions have recognized and guaranteed prisoners’
rights. Specifically, like the Federal Democratic Republic of Ethiopia Constitution, the Oromia
Regional State Constitution of 1995 requires that any person held in custody or one imprisoned
upon conviction and sentencing has the right to be treated in conditions respecting his human
dignity; should have the right to obtain an opportunity to communicate with, and to be visited by,
his spouse or partner, close relative, friends, religious councilors or medical doctor and his legal
counsel19. Nevertheless, in fact, prisons often fall behind with their implementation of the
international standards enunciated in the SMRs, and many prison officers regard harsh treatment
to be a legitimate way to deal with prisoners20.

According to the latest World Prison Population List, published in November 2018, in Ethiopia,
there are over 113,727 prisoners (including pre-trial detainees/remand prisoners) held in in both
federal and regional prison centers21.

16
UNODC, The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules): An updated blueprint for prison management in the 21st century, Justice Section, Division for Operations,
Vienna International Centre, Vienna, Austria, 1.
17
Ibid
18
SMRs Preliminary Observations 2 and 3
19
Art. 21 of the Oromia regional Constitution Proclamation No. 1/2020, Affini Gazeta, 1st Year, No. 1, 4th July 2020
20
ibid
21
Ibid
 In fact, both the practical scope and the safeguards of the minimum rights of prisoners vary
considerably from country to country22. Conditions within prisons across the world (even in
developed countries) raise significant human rights concerns. Globally, prisoners encounter
considerable human rights difficulties. These include overcrowding, risk of the transmission of
COVID-19, overuse of solitary confinement and higher rate of infectious diseases such as TB, as
well as poor sanitary conditions that can facilitate the transmission of communicable diseases or
inhumane conditions23. In addition, strip searches can be degrading, humiliating and traumatic
especially for women who have suffered from sexual abuse, and mothers that are prisoners have
trouble in maintaining their relationship with their children and suffer disruptions to family life 24.

However, States have an obligation towards prisoners because they assume a duty of care as long
as they deprive them of their liberty. States are also obliged– in line with the prohibition on ill-
treatment and the right to health – to ensure that prisoners are treated humanely. This includes
provision of adequate accommodation, food and water, sanitation and healthcare, access to light,
fresh air, and physical exercise. As noted earlier, the SMRs contain standards relating to clothing
and bedding, contact with the outside world and access to legal representation, together with the
specific standards, which address the needs of groups such as women and children 25. To ensure
fair and equal treatment and safeguards against abuse and arbitrary application, rules governing
prisons encompass discipline/penalty and instruments of restraint 26. Thus, this will be studying
seeks to explore and analyze the existing legal framework pertaining to the treatment of prisoners
in Ethiopia in general and to assess the current institutional situation in Western Oromia Prison
in particular, which is one of the two prisons found in East and West Wollega Zone Prison.

1.2. Statement of the Problem

Based on the above research background, prisoners are inherently vulnerable to human rights
violations, as they have been deprived of their liberty27.

These prisoners face different human rights violations. A report on prison conditions in Ethiopia
reveals that the challenges facing prisoners across the country are physical/psychological torture,
inhuman or degrading treatment, use of forced confessions, deaths in custody, overcrowding,
solitary confinement, social isolation, incommunicado detention, constraints to out-of-cell
activities and freedom of movement, unhygienic conditions, restrictions to medical care,
irregular or contaminated food and water, deprivation of normal sensory stimulation (such as
sound, light, sense of time, isolation, manipulation of brightness of the cell, abuse of
physiological needs, restriction of sleep, motor activities, denial of privacy and forced nakedness,
exposure to extreme temperature), high number of prisoners on remand and lengthy pre-trial
22
‘Protecting the human rights of prisoners’ accessed on 15 October 2021
23
Australian Human Rights Commission, ‘Human rights and Prisoners’, accessed on 15 October 2021
24
ibid
25
ibid
26
PRI, ‘Key facts’, accessed on 15 October 2021.
27
7Andrew Coyle (n. 5) 36.
detention, impunity for human rights abuses, lack of access to legal representation,
discrimination in respect of freedom to practice religion and fulfillment of special needs to
prisoners with disabilities28. In West Oromia there are human rights violations in Western
Oromia Prison. The barriers to successful prisoner rehabilitation at Western Wollega were
inadequacy of treatment personnel, absence of treatment personnel on administrative positions,
underfunding of programs, weak inmate classification system, correctional officers’ low level of
treatment orientation and the inmate subculture29.

The worst is that there were even reports of ethnic conflicts/tensions resulting in inter-prisoner
violence and deaths of prisoners in Western Oromia Prison. Again, the prisoners in the Prison
suffered from mental disorders like depression, as they did not engage in income generating
activities inside the Prison. From these findings, it follows that the prison system seems to be
designed to make sure that prisoner’s relapse into imprisonment instead of successfully re-
integrating back into society such like freedom of movement, unhygienic conditions, restrictions
to medical care, irregular or contaminated food and water, deprivation of normal sensory
stimulation. It fails miserably to reduce recidivism and prepare prisoners for a law-abiding and
successful life after release. These realities inspire the researcher to conduct an empirical study
on the current situation of prisoners in Western Oromia Prison.

It is against this backdrop that the study will be conducted to critically assess the current
situation and identify any formidable challenges in the treatment of prisoners in Western Oromia
Prison in East and West Wollega Zone Prison considering the national and international human
rights standards.

1.3. Research Questions

This study seeks to answer the following questions:

◊ What rights do prisoners have under international and national legal frameworks?

◊ Do rights of prisoners enshrined under international and national legal frameworks are
enforced in Western Oromia Prison in East and West Wollega Zone Prison Institution?

◊ What are the challenges for realizing prisoners’ rights in Western Oromia Prison in East and
West Wollega Zone Prison Institution?

28
ARC Foundation/Garden Court Chambers, Prison Conditions in Ethiopia, February 2021
29
Fitsum Meseret, Discrepancy Between Rhetoric and Practice: A Qualitative Study Assessing Barriers Associated
With Prisoner Rehabilitation at Hawassa Correctional Facility, Southern Ethiopia, Wolaita Sodo University, Wolaita
Sodo, Ethiopia, January-March 2018
1.4. Objectives of the Study

1.4.1. General objective

The general objective of this study is to be to critically assess the enforcement of prisoners'
rights: The case study of Prison Institutions in West Oromia Regional State of Ethiopia.

1.4.2. Specific objectives

The specific objectives of this study are:

◊ To explore the international, regional, and national legal frameworks pertaining to protection
of prisoners’ access rights of prisoners.

◊To examine whether the access rights of prisoners enshrined under international, regional, and
national legal frameworks are enforced in Western Oromia Prison in East and West Wollega
Zone Prison Institution.

◊To identify the major challenges in respecting, protecting, and fulfilling the access rights of
prisoners in Western Oromia Prison in East and West Wollega Zone Prison Institution.

1.5. Research Design and Methodology

1.5.1. Research Design and Sampling Technique

The study will use qualitative research approach/design. This approach will be chosen, because
the research problem or issue to be study calls for the identification of factors that influence an
outcome, the utility of an intervention or understanding the best predicators of outcomes. It is
particularly vital because the topic of this study has never been addressed with prisoners in
Prison, which needs to be further studied30. Both primary and secondary sources of data were
Western Oromia Prison in East and West Wollega Zone sought out during the research. Hence,
as much information as possible about the current situation of Western Oromia Prison in East
and West Wollega Zone Prison will be gathered and all the elements surrounding the situation be
analyze. In data collection, purposive sampling technique will employee.

1.5.2. Data Collection Tools

Focus group discussions (FGDs) and detailed interviews are primary methods of data collection.

30
John W. Creswell, Research Design: Qualitative, Quantitative, and Mixed Methods Approaches (3rd edn., SAGE
Publications Inc. 2009) 18
1.5.2.1. Primary Data
Primary data will be collected by conducting FGDs with purposely selected 10 prisoners in total
by two groups (as key informants) to gain an in-depth understanding of the research problem or
issue to be studied, with due regard to the fair inclusion of diverse categories of prisoners,
including those who need special treatment. Interviews of FGDs are useful to reach areas of
reality that would otherwise remain inaccessible such as people’s subjective experiences and
attitudes and to overcome distances both in space and in time; past events or faraway experiences
can be studied by interviewing people who will took part in them31.

1.5.2.2. In-Depth Interviews

In-depth interviews will be held with purposively selected informants from East Wollega Zone
Attorney General, West and East Wollega Zone Prison Commission, Ethiopian Human Rights
Commission Nekemte Branch Office, and Representatives of Justice for All – Prison Fellowship
Ethiopia and East and West Wollege Zone Prison Institution and selected informants 10
Prisoners.

1.5.2.3. Through field observation by using systematic checklists

Secondary data will be collect through literature review and document analysis. All readily
available and relevant literature on the subject matter will be reviewed. This involves collection
and documentation as well as closer inspection of the relevant official statistics /facts/ and
reports from relevant authorities, relevant forms, and other published information.

1.5.3. Data Analysis and Interpretation Techniques

Data will be analyze by using inductive, thematic, and narrative analyses. Notes of interviews
and FGDs transcribed in Amharic and Afaan Oromo language will be translate to English and
they will be check for accuracy through revision as the transcripts will be check to make sure
that they do not contain obvious mistakes during transcription and then will go through manual
coding technique by literatively identifying themes and subsuming categories containing similar
ideas.

The analysis will be based on questions on the interview guides and some emergent themes
derived from the data itself. In this study, idiographic interpretation of the results will utilize, by
31
Peräkylä A & J Ruusuvuori, ‘Analyzing Talk and Text’ in N Denzin & Yvonna Lincoln (eds), The Sage Handbook of
Qualitative Research (Sage Publications 2011) 889.
paying attention to details, and the data analyze will be interpreter regarding the particulars of the
situation of prisoners in Western Oromia Prison in East and West Wollega Zone Prison rather
than generalizations. Furthermore, the data gather will be carefully corroborated. So, to increase
the credibility and validity of research findings that should never be based on rumors or
uncorroborated information, all the different data sources of information were triangulated.

1.6. Significance of the Study

This study is will be used for fostering human rights-based prison management at a single prison
level. It can be used for both practical and academic purposes. It is hope that the study will yield
recent and empirical data on seriousness of the problems relating to treatment of prisoners and
come up with practical recommendations. It provides important insights into the problems that
can lead to multiple human rights violations. It will benefit both the Oromia Regional State
Government and individual prisoners. The findings of this study will be a valuable input to the
Western Oromia Prison Commission and Western Oromia Prison in East and West Wollega
Zone Prison Administration, so that they come to grips with the problems facing prisoners and
endeavor to enhance the existing treatment of prisoners in the Prison. It contributes to greater
respect and protection of prisoners’ rights in the Prison. It may be a useful benchmark document
for the regional government to act upon the recommendations. Further, its result might prove to
be a springboard for future research on the topic.

1.7. Scope of the Study

To make the study more manageable, it is necessary to delimit its scope thematically, spatially,
and temporally. Therefore, this study is will confined to critically assessing the enforcement of
prisoners’ rights in Western Oromia Prison in East and West Wollega Zone Prison during the last
two years. Specifically, it sets forth and analyzes prisoners’ rights under the Ethiopian legal
framework, and it exclusively covers issues pertaining to enforcement of prisoners’ rights such
as the procedures to be gone through upon admission of prisoners, separate accommodation for
prisoners, provision of accommodation/bedding; clothing; provision of food, medical services,
sports, physical exercise and recreation; contact with outside community. Hence, issues relating
to correction and rehabilitation as well as internal and external control are outside the scope of
this study. Relating to time, the study extends to assess the treatment of prisoners in Western
Oromia Prison only during the last two years (2023-2024/2022) (2016 -2017 E.C).

1.8. Limitations of the Study

This study has its own limitations. These include Availability of conceivable interviewer and
lack of specific regional legislation and pertinent literature on the subject matter.
1.9. Organization of the Study
The thesis is composed of four chapters. Chapter One presents an introduction to the study which
encompasses background of the study, statement of the problem, research questions, objectives
of the study, research design and methodology, significance of the study, scope of the study,
limitations of the study, organization of the study and Chapter Two reviews all the available
literature related to the subject-matter of the study. Chapter Three critically assesses and analyzes
the treatment of prisoners in Western Oromia Prison in East and West Wollega Zone Prison in
considering the Ethiopia’s legal framework and international human rights standards. Chapter
Four draws conclusion and puts forward specific recommendations for prison management and
institutional reform in line with human rights. In addition, title and acknowledgements pages, a
list of acronyms and abbreviations, a table of contents and an abstract, have preceded the first
chapter. At the end, a bibliography to the thesis, and interview guides will be annexes.

1.10. COST AND TIME PLAN

1.10.1 Finance Budget
Table 1 Summary of the Financial Requirement for the Research

No. Materials Quantity Unit price Total price

1 Type writing and Printing the research 5 300 1500
2 Paper 10 150 1500
4 Computer service 6 200 1200
5 Transport cost 12 300 3600
Pen 12
6 4 48
Note Book 20
7 3 60

8 CD Drive 10 40 400

9 Data collector per dem 8 200 1600 birr

10 Binder 1 300 300

11 Pencil 10 50 50
12 Food consumption during trips 14 days 300 4200
13 Miscellaneous - 2000 2000
14 Pension service while trips 14 days 300 4200

15 Internet 400 hrs 1Birr/hours 400

 16 Tea and coffee - - 600
17 Mobile card 5 100 500
18 Total 22158

1.10.2 Time Schedule

Year 2017 E.C
No Activity Months
Jan Feb Mar Apr Ma. Jun Jul Oct. Nov
Aug. Sept
1 Topic Selection √
2 Writing draft of literature √
review
1 Proposal writing √
2 Proposal defense √
4 Duplicating &distributing √
questionnaire
3
Analyzing &interpreting data √
9 Writing the 1st draft of thesis √
10 Submission of 1st draft thesis √
11 Submission of the final thesis √
and presentation.
CHAPTER TWO
2. AN OVERVIEW OF PRISONERS’ RIGHTS UNDER INTERNATIONAL, REGIONAL
AND NATIONAL LEGAL FRAMEWORKS
This chapter provides an overview of the relevant provisions of the international and regional
human rights instruments as well as the Ethiopia’s legal frameworks dealing with the treatment
of prisoners but pertaining to issues lying within the scope of this study.

2.1. Overview of Prisoners’ Rights under International and Regional Human Rights Instruments
Key international human rights treaties, which are legally binding on States, have incorporated
references to the treatment of people who are deprived of their liberty 32. Further, there are several

32
ICCPR, Art. 10 and CAT, Arts. 2 and 16
“soft laws” which deal specifically with prisoners and conditions of detention 33. These laws
contain more detailed standards, which provide a valuable complement to the broad principles
enshrined in the treaties. These are the SMRs, the Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment34, the Basic Principles for the Treatment
of Prisoners, the Rules for the Treatment of Women Prisoners and Non-Custodial Measures for
Women Offenders (‘the Bangkok Rules’)35 which supplement the SMRs and include provisions
for the treatment of women in prison which meet their specific needs and the Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules) 36. There are also
international instruments which refer specifically to staff working with people who have been
deprived of their liberty, including prison authorities and personnel. These are the Code of
Conduct for Law Enforcement Officials 37, the Basic Principles on the Use of Force and
Firearms38 and the Principles of Medical Ethics relevant to the Role of Health Personnel,
particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment39. In addition, a number of regional
human rights instruments supplements these international standards. In Africa, the main regional
human rights instrument is the African Charter on Human and People’s Rights (ACHPR) 40.

2.1.1. International Covenant on Civil and Political Rights (ICCPR)

The convention defines human rights and fundamental freedoms of human beings. It specifically
provides all persons deprived of their liberty should be treated with humanity and with respect
for the inherent dignity of the human person 41. In relation to accused person, it provides that
accused persons should, except in exceptional circumstances, be segregated from convicted
persons and should be subject to separate treatment appropriate to their status as non-convicted
persons42. The juvenile persons are concern of this instrument because it provided that accused
juvenile persons should be separated from adults and brought as speedily as possible for
adjudication43. Further, the penitentiary system should comprise treatment of prisoners the
essential aim of which should be their reformation and social rehabilitation, and juvenile
offenders should be segregated from adults and be accorded treatment appropriate to their age
33
United Nations, Human Rights and Prisons: A Pocketbook of International Human Rights Standards for Prison
Officials (Professional Training Series No. 11 Add. 3) (2005
34
the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment(1988),
accessed on may 7/2022
35
the Basic Principles for the Treatment of Prisoners (1990) accessed on may 7/2022
36
Rules for the Administration of Juvenile Justice (the Beijing Rules) (1985). accessed on may 7/2022
37
the Code of Conduct for Law Enforcement Officials (1979) accessed on may 7/2022
38
ibid
39
Inhuman or Degrading Treatment or Punishment (1982)<
https://www.ohchr.org/en/instrumentsmechanisms/instruments/principles-medical-ethics-relevant-role-health-
personnel> accessed on May 22/2022
40
ibid
41
Art. 10(1)
42
Art. 10(2)(a)
43
Art. 10(2)(b)
and legal status44.
2.1.2. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT)
The convention aims to prevent torture and other acts of cruel, inhuman, or degrading treatment
or punishment by providing each State Party to take effective legislative, administrative, judicial
or other measures to prevent acts of torture in any territory under its jurisdiction 45. It rules out
any exceptional circumstances whatsoever, whether a state of war or a threat of war, internal
political instability or any other public emergency, may be invoked as a justification of torture 46.
An order from a superior officer or a public authority may not be invoked as a justification of
torture47.

The convention further authorizes each State Party to undertake to prevent in any territory under
its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not
amount to torture as defined in article 1, when such acts are committed by or at the instigation of
or with the consent or acquiescence of a public official or other person acting in an official
capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 should apply with
the substitution for references to torture of references to other forms of cruel, inhuman or
degrading treatment or punishment48. The provisions of this Convention are without prejudice to
the provisions of any other international instrument or national law which prohibits cruel,
inhuman or degrading treatment or punishment or which relates to extradition or expulsion 49.

2.1.3. Universal Declaration of Human Rights (UDHR)

The prisoners’ rights are not only mentioned in some international instruments and this is evident
that this instrument specifically provided and said; no one should be subjected to torture or to
cruel, inhuman or degrading treatment or punishment 50.
2.1.4. Basic Principles for the Treatment of Prisoners
Here are the principles to provide the protection for prisoners’ rights and include that "All
prisoners should be treated with the respect due to their inherent dignity and value as human
beings51. Not only this but it should be executed in a manner which is no discrimination on the
grounds of race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status52.

44
Art. 10(3) and ‘Right to humane treatment in detention’ Australian Government Attorney General’s Department
< https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/humanrights-scrutiny/
public-sector-guidance-sheets/right-humane-treatment-detention> accessed on May 25/2022
45
Art. 2(1)
46
Art. 2(2)
47
Art. 2(3)
48
Art. 16(1)
49
Art. 16(2)
50
Art. 5
51
Principle 1
52
Principle 2
2.1.5. "Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment" (“Body of Principles for the Protection of All Persons under Any Form
of ...”)

All persons under any form of detention or imprisonment should be treated in a humane manner
and with respect for the inherent dignity of the human person 53.

2.1.6. African Charter on Human and Peoples’ Rights (ACHPR)

This human rights instrument is also intended to promote and protect human right and basic
freedoms in the regional level and it provided that every individual should have the right to the
respect of the dignity inherent in a human being and to the recognition of his legal status 54.

2.1.7. Revised UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules or SMRs, 2015)

As its name suggests, the SMRs represent the internationally recognized minimum standards for
the management of prison facilities and the treatment of prisoners whether convicted or pre-trial.
These standards were adopted by the First UN Congress on the Prevention of Crime and the
Treatment of Offenders and approved by the Economic and Social Council 55.
Though they are not a legally binding instrument, they contain principles and rights that are
based on human rights standards enshrined in other legally binding international instruments that
are legally binding. They have been of tremendous value and influence in the development of
prison laws, policies, and practices in Member States all over the world 56. They serve as an
updated blueprint for prison management in the 21st century. Indeed, it should be noted that they
are not intended to describe in detail a model system of penal institutions 57. Rather, they seek
only to set out what is accepted as being good principles and practice in the treatment of
prisoners and prison management. (“United Nations Standard Minimum Rules for the Treatment
of Prisoners ...”) They consist of 122 Rules, which cover all aspects of prison management.
Among others, they include standards relating to clothing and bedding, contact with the outside
world and access to legal representation, together with the specific standards which address the
53
Principle 1; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
Adopted by General Assembly resolution 43/173 of 9 December 1988.
https://www.ohchr.org/sites/default/files/bodyprinciples.pdf
54
Art. 5
55
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 resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977accessed on May
8/2022.
56
1 UNODC, The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules): An updated blueprint for prison management in the 21st century, Justice Section, Division for Operations,
Vienna International Centre, Vienna, Austria, 1.
57
SMRs Preliminary Observation 1
needs of vulnerable groups of prisoners. In 2015, in response to the progress made in
international law and correctional science since 1955, nine thematic areas of the SMRs were
revised. These are prisoners’ inherent dignity as human beings; vulnerable groups of prisoners;
medical and health services; restrictions, discipline and sanctions; investigation of deaths and
torture in custody; access to legal representation; complaints and inspections; terminology; and
staff training58. From these legally binding and soft human rights instruments, it therefore follows
that the obligation to treat all prisoners at all times with humanity and with respect for the
inherent dignity of the human person is not derogable in any circumstances 59. Particularly, the
SMRs elucidate that some aspects of the treatment of prisoners are non-negotiable and reflect
legal obligations60. They are basically concerned with the essential features of daily life in prison
and provide technical guidance on prison conditions, and they are designed to stimulate a
constant endeavor to overcome practical difficulties and encourage experiment, providing that
this is in harmony with the principles expressed therein 61. The following Rules of the SMRs are
applicable to all categories of prisoners, criminal or civil, untried, or convicted.

(i) Basic principles

In the first place, the SMRs lay down some fundamental principles 62. These are summarized as
follows: (i) prisoners must be treated with respect for their inherent dignity and value as human
beings; (ii) torture or other ill-treatment is prohibited; (iii) prisoners should be treated according
to their needs without discrimination; (iv) the purpose of a sentence of imprisonment is
principally to protect society against crime and to reduce recidivism; and (v) the safety of
prisoners, prison staff, service providers and visitors at all times is of prime importance.

Ii) Admission to prison

No person should be received in a prison without a valid commitment order 63. These pieces of
information should be entered in the prisoner file management system upon admission of every
prisoner: determination of his or her unique identity with respecting his or her self perceived
gender64, the reasons for his or her commitment and the responsible authority, in addition to the
date, time and place of arrest 65, the day and hour of his or her admission and release as well as of
any transfer66, any visible injuries and complaints about prior ill-treatment 67, an inventory of his
or her personal property68, the names of his or her family members, including, where applicable,

58
UNODC (n. 42) five.
59
Andrew Coyle (n. 5) 13.
60
ibid
61
SMRs Preliminary Observations 2 and 3
62
Rules 1 to 5
63
Rule 7
64
Ibid (a)
65
Ibid (b)
66
Ibid (c)
67
Ibid (d)
68
Rule Ibid (e)
his or her children, the children’s ages, location and custody or guardianship status 69 and
emergency contact details and information on the prisoner’s next of kin.
The prisoner file management system in the course of imprisonment should contain these pieces
of information, where applicable70 which is judicial process including dates of court hearings and
legal representation, initial assessment and classification reports, information related to behavior
and discipline71, requests and complaints, including allegations of torture or other cruel, inhuman
or degrading treatment or punishment, unless they are of a confidential nature 72, information on
the imposition of disciplinary sanctions and information on the circumstances and causes of any
injuries or death and, in the case of the latter, the destination of the remains73.

All records listed above should be kept confidential and made available only to those whose
professional responsibilities require access to such records; and every prisoner should be granted
access to the records pertaining to him or her, subject to redactions authorized under domestic
legislation, and should be entitled to receive an official copy of such records upon his or her
release74.

Prisoner file management systems should also be used to generate reliable data about trends
relating to and characteristics of the prison population, including occupancy rates, to create a
basis for evidence-based decision-making75.
Prisoners should be housed close to their home to facilitate social rehabilitation 76. When
prisoners arrive, they must be given information about the prison regime, including prison rules
and how to access legal advice in a language and manner they understand 77.

(iii) Separation of prisoners

Based on the rule different categories of prisoners should be kept in separate institutions or parts
of institutions, taking account of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment 78; accordingly men and women should so far as
possible be detained in separate institutions in an institution which receives both men and
women, the whole of the premises allocated to women should be entirely separate 79, untried
prisoners should be kept separate from convicted prisoners, persons imprisoned for debt and
other civil prisoners should be kept separate from persons imprisoned by reason of a criminal

69
Ibid (f)
70
Rule 8
71
Ibid (a) (b) and (c)
72
77 Ibid (d)
73
Ibid (e) ) and (f)
74
Rule 9
75
Rule 10
76
Rule 59
77
Rules 54, 55
78
Rule 11
79
Ibid
offence; and young prisoners should be kept separate from adults80. Such categories of prisoners
must be housed separately as a means of protection and to facilitate adequate individual
treatment.
Further, an individual assessment is important to identify any risks prisoners may pose to
themselves, to staff or to other prisoners, but also any risks they might be exposed to, specific
needs they have and rehabilitation measures that should be taken; and classification systems
should be flexible to support individualization of treatment 81.

(iv) Classification and individualization

Regarding classification and individualization the rule state that The purposes of classification
should be to separate from others those prisoners who, by reason of their criminal records or
characters, are likely to exercise a bad influence and to divide the prisoners into classes in order
to facilitate their treatment with a view to their social rehabilitation 82. So far, as possible, separate
prisons or separate sections of a prison should be used for the treatment of different classes of
prisoners83. As soon as possible after admission and after a study of the personality of each
prisoner with a sentence of suitable length, a program of treatment should be prepared for him or
her in the light of the knowledge obtained about his or her individual needs, capacities, and
dispositions84.

(v) Accommodation
Related to accommodation the SMRs provided that, where sleeping accommodation is in
individual cells or rooms, each prisoner should occupy by night a cell or room by him or herself,
and if, for special reasons such as temporary overcrowding, it becomes necessary for the central
prison administration to make an exception to this rule, it is not desirable to have two prisoners
in a cell or room85. Or the prison uses dormitories to accommodate the prisoners, they should be
occupied by prisoners carefully selected as being suitable to associate with one another in those
conditions, and there should be regular supervision by night, in keeping with the nature of the
prison86.

All accommodation provided for the use of prisoners and all sleeping accommodation should
meet all requirements of health, due regard being paid to climatic conditions and particularly to
cubic content of air, minimum floor space, lighting, heating, and ventilation 87.
In the prison where prisoners are required to live or work the following conditions must be

80
Rules 89, 93, 94
81
Ibid(a) (b) and (c)
82
Rule 93(1) (a) and (b)
83
Rule 93(2)
84
Rule 94
85
Rule 12(1)
86
Rule 12(2)
87
Rule 13
fulfilled. Those conditions are: the windows should be large enough to enable the prisoners to
read or work by natural light and should be so constructed that they can allow the entrance of
fresh air whether or not there is artificial ventilation 88 and also Artificial light should be
provided sufficient for the prisoners to read or work without injury to eyesight 89.
Adequate sanitary installations should be enabled for every prisoner to comply with the needs of
nature when necessary and in a clean and decent manner 90. Not only this but also bathing and
shower installations should be provided so that every prisoner can, and may be required to, have
a bath or shower91. All parts of a prison extensively used by prisoners should be properly always
maintained a kept scrupulously clean92.

(vi) Personal hygiene

Prisoners should be required to keep their persons clean, and to this end, they should be provided
with water and with such toilet articles as are necessary for health and cleanliness 93.
In order that prisoners may maintain a good appearance compatible with their self-respect,
facilities should be provided for the proper care of the hair and beard, and men should be able to
shave regularly94.

(vii) Clothing bedding

The other right, which is protected to prisoners, is the right to access clothing and bed and based
on the rules of the SMRs, Every prisoner who is not allowed to wear his or her own clothing
should be provided with an outfit of clothing suitable for the climate and adequate to keep him or
her in good health95. Such clothing should in no manner be degrading or humiliating, and all
clothing should be clean and kept in proper condition, and underclothing should be changed and
washed as often as necessary for the maintenance of hygiene 96. In exceptional circumstances,
whenever a prisoner is removed outside the prison for an authorized purpose, he or she should be
allowed to wear his or her own clothing or other inconspicuous clothing 97. If prisoners are
allowed to wear their own clothing, arrangements should be made on their admission to the
prison to ensure that it should be clean and fit for use98.

Every prisoner should, in accordance with local or national standards, be provided with a
separate bed and with separate and sufficient bedding, which should be clean when issued, kept

88
Rule 14 (a) Rule 14 (b
89
Rule 14 (b)
90
The UN Standard Minimum Rules, Rule 15
91
ibid, Rule 16
92
ibid, Rule 17
93
ibid, Rule 18(1)
94
ibid, Rule 18(2)
95
Ibid, Rule 19(1)
96
Ibid, Rule 19 (2)
97
Ibid, Rule 19(3)
98
Ibid, Rule 20
in good order, and changed often enough to ensure its cleanliness 99.
(viii) Food and water
Food and water is one of fundamental needs for human being and this is not exception for
prisoners and the rule state that; every prisoner should be provided by the prison administration
at the usual hours with food of nutritional value adequate for health and strength, of wholesome
quality and well prepared and served100. In addition, drinking water should be available to every
prisoner whenever he or she needs it101.

(ix) Health-care services

Prisoners should enjoy the same standards of health care that are available in the community and
the state are responsible to provide that and without payment equally 102.
In addition, this service should be organized in close relationship to the general public health
administration and in a way that ensures continuity of treatment and care, including for HIV,
tuberculosis and other infectious diseases, as well as for drug dependence 103.
Every prison should have in place a health-care service tasked with evaluating, promoting,
protecting and improving the physical and mental health of prisoners, paying particular attention
to prisoners with special health-care needs or with health issues that hamper their
rehabilitation104. The health-care service should consist of an interdisciplinary team with
sufficient qualified personnel acting in full clinical independence and should encompass
sufficient expertise in psychology and psychiatry, and the services of a qualified dentist should
be available to every prisoner105.

The health-care service should prepare and maintain accurate, up-to-date and confidential
individual medical files on all prisoners, and all prisoners should be granted access to their files
upon request, and a prisoner may appoint a third party to access his or her medical file 106.
Medical files should be transferred to the health-care service of the receiving institution upon
transfer of a prisoner and should be subject to medical confidentiality 107. If there is urgent
medical cases, the prisons are obliged to available accessible conditions When there is critical
case or needs high medical treatment such as surgery the prison should be facilitate in other
specialized hospital even in the civil hospital where the prison hospital inadequate to provide

99
Rule 21
100
Rule 22(1)
101
Rule 22(2)
102
Rule 24(1)
103
Rule 24(2)
104
Rule 25(1)
105
Rule 25(2)
106
Rule 26(1)
107
Rule 26(2)
such appropriate treatment and care108. Clinical decisions may only be taken by the responsible
health-care professionals and may not be overruled or ignored by non-medical prison staff109.

A decision to allow a child to stay with his or her parent in prison should be based on the best
interests of the child concerned, and where children are allowed to remain in prison with a
parent, provision should be made for: (a) internal or external childcare facilities staffed by
qualified persons, where the children should be placed when they are not in the care of their
parent; (b) child-specific health-care services, including health screenings upon admission and
ongoing monitoring of their development by specialists 110. Children in prison with a parent
should never be treated as prisoners111.
A physician or other qualified health-care professionals, whether or not they are required to
report to the physician, should see, talk with and examine every prisoner as soon as possible
following his or her admission and thereafter as necessary 112. Particular attention should be paid
to: (a) identifying health-care needs and taking all necessary measures for treatment; (b)
identifying any ill-treatment that arriving prisoners may have been subjected to prior to
admission; (c) identifying any signs of psychological or other stress brought on by the fact of
imprisonment, including, but not limited to, the risk of suicide or self-harm and withdrawal
symptoms resulting from the use of drugs, medication or alcohol; and undertaking all appropriate
individualized measures or treatment; (d) in cases where prisoners are suspected of having
contagious diseases, providing for the clinical isolation and adequate treatment of those prisoners
during the infectious period; (e) determining the fitness of prisoners to work, to exercise and to
participate in other activities, as appropriate113.

The physician or, where applicable, other qualified health-care professionals should have daily
access to all sick prisoners, all prisoners who complain of physical or mental health issues or
injury and any prisoner to whom their attention is specially directed, and all medical
examinations should be undertaken in full confidentiality 114.
The relationship between the physician or other health-care professionals and the prisoners
should be governed by the same ethical and professional standards as those applicable to patients
in the community, in particular: (a) the duty of protecting prisoners’ physical and mental health
and the prevention and treatment of disease on the basis of clinical grounds only; (b) adherence
to prisoners’ autonomy with regard to their own health and informed consent in the doctor-
patient relationship; (c) the confidentiality of medical information, unless maintaining such
confidentiality would result in a real and imminent threat to the patient or to others; (d) an
absolute prohibition on engaging, actively or passively, in acts that may constitute torture or
108
Rule 27(1)
109
Rule 27(2)
110
Rule 29(1)
111
Rule 29(2)
112
Rule 30

113
ibid
114
Rule 31
other cruel, inhuman or degrading treatment or punishment, including medical or scientific
experimentation that may be detrimental to a prisoner’s health, such as the removal of a
prisoner’s cells, body tissues or organs115. 2. Without prejudice to the aforementioned paragraph
(d), prisoners may be allowed, upon their free and informed consent and in accordance with
applicable law, to participate in clinical trials and other health research accessible in the
community if these are expected to produce a direct and significant benefit to their health, and to
donate cells, body tissues or organs to a relative 116.
The physician should report to the prison director whenever he or she considers that a prisoner’s
physical or mental health has been or was injuriously affected by continued imprisonment or by
any condition of imprisonment117.
If, in the course of examining a prisoner upon admission or providing medical care to the
prisoner thereafter, health-care professionals become aware of any signs of torture or other cruel,
inhuman or degrading treatment or punishment, they should document and report such cases to
the competent medical, administrative or judicial authority; besides, proper procedural
safeguards should be followed in order not to expose the prisoner or associated persons to
foreseeable risk of harm118.
The physician or competent public health body should regularly inspect and advise the prison
director on: (a) the quantity, quality, preparation and service of food; (b) the hygiene and
cleanliness of the institution and the prisoners; (c) the sanitation, temperature, lighting and
ventilation of the pretreatment. cleanliness of the prisoners’ clothing and bedding; (e) the
observance of the rules concerning physical education and sports, in cases where there is no
technical personnel in charge of these activities 119. The prison director should take into
consideration the advice and abovementioned reports and should take immediate steps to give
effect to the advice and the recommendations in the reports; also, if the advice or
recommendations do not fall within the prison director’s competence or if he or she does not
concur with them, the director should immediately submit to a higher authority his or her own
report and the advice or recommendations of the physician or competent public health body 120.

(x)Religion
If the prison contains enough prisoners of the same religion, a qualified representative of that
religion should be appointed or approved. "If the number of prisoners justifies it and conditions
permit, the arrangement should be on a full-time basis 121.
Such qualified representative appointed or approved should be allowed to hold regular services

115
Rule 32(1)
116
Rule 32(2)
117
Rule 33
118
Rule 34
119
Rule 35(1)
120
Rule 35(2)
121
Rule 65(1)
and to pay pastoral visits in private to prisoners of his or her religion at proper times 122. Access to
a qualified representative of any religion should not be refused to any prisoner. On the other
hand, if any prisoner should object to a visit of any religious representative, his or her attitude
should be fully respected123. As far as practicable, every prisoner should be allowed to satisfy the
needs of his or her religious life by attending the services provided in the prison and having in
his or her possession the books of religious observance and instruction of his or her
denomination124.

xi) Exercise and sport

Every prisoner who is not employed in outdoor work should have at least one hour of suitable
exercise in the open air daily if the weather permits 125. Young prisoners, and others of suitable
age and physique, should receive physical and recreational training during the period of exercise;
and to this end, space, installations, and equipment should be provided 126.

(xii) Contact with the outside world

Prisoners should be allowed, under necessary supervision, to communicate with their family and
friends at regular intervals: (a) by corresponding in writing and using, where available,
telecommunication, electronic, digital and other means; and (b) by receiving visits 127. Where
conjugal visits are allowed, this right should be applied without discrimination, and women
prisoners should be able to exercise this right on an equal basis with men; besides, procedures
should be in place and premises should be made available to ensure fair and equal access with
due regard to safety and dignity 128. Prisoners should be allocated, to the extent possible, to
prisons close to their homes or their places of social rehabilitation 129.
Admission of visitors to the prison facility is contingent upon the visitor’s consent to being
searched, and the visitor may withdraw his or her consent at any time, in which case the prison
administration may refuse access130. Search and entry procedures for visitors should not be
degrading and should be governed by principles at least as protective as those outlined in Rules
50 to 52. Body cavity searches should be avoided and should not be applied to children131.

Prisoners should be provided with adequate opportunity, time and facilities to be visited by and
to communicate and consult with a legal adviser of their own choice or a legal aid provider,
without delay, interception or censorship and in full confidentiality, on any legal matter, in
conformity with applicable domestic law; and consultations may be within sight, but not within
122
Rule 65(2)
123
Rule 65(3)
124
Rule 66
125
Rule 23(1)
126
Rule 23(2)
127
Rule 58(1)
128
Rule 58(2)
129
Rule 59
130
Rule 60(1)
131
Rule 60(2)
hearing, of prison staff132. In cases in which prisoners do not speak the local language, the prison
administration should facilitate access to the services of an independent competent interpreter 133.
Again, prisoners should have access to effective legal aid 134. Prisoners who are foreign nationals
should be allowed reasonable facilities to communicate with the diplomatic and consular
representatives of the State to which they belong135.

Prisoners who are nationals of States without diplomatic or consular representation in the
country and refugees or stateless persons should be allowed similar facilities to communicate
with the diplomatic representative of the State which takes charge of their interests or any
national or international authority whose task it is to protect such persons 136.
Prisoners should be kept informed regularly of the more important items of news by the reading
of newspapers, periodicals, or special institutional publications, by hearing wireless
transmissions, by lectures or by any similar means as authorized or controlled by the prison
administration137.

(xiii) Searches of prisoners and cells

The laws and regulations governing searches of prisoners and cells should be in accordance with
obligations under international law and should take into account international standards and
norms, keeping in mind the need to ensure security in the prison, and searches should be
conducted in a manner that is respectful of the inherent human dignity and privacy of the
individual being searched, as well as the principles of proportionality, legality and necessity 138.

Searches should not be used to harass, intimidate or unnecessarily intrude upon a prisoner’s
privacy, and for the purpose of accountability, the prison administration should keep appropriate
records of searches, in particular strip and body cavity searches and searches of cells, as well as
the reasons for the searches, the identities of those who conducted them and any results of the
searches139.

Intrusive searches, including strip and body cavity searches, should be undertaken only if
necessary. Prison administrations should be encouraged to develop and use appropriate
alternatives to intrusive searches. (“Body searches | Association for the Prevention of Torture”)
Intrusive searches should be conducted in private and by trained staff of the same sex as the
prisoner140. Body cavity searches should be conducted only by qualified healthcare professionals
other than those primarily responsible for the care of the prisoner or, at a minimum, by staff
132
Rule 61(1)
133
Rule 61(2)
134
Rule 61(3)
135
Rule 62(1)
136
Rule 62(2)
137
Rule 63

138
Rule 50
139
Rule 51
140
Rule 52(1)
appropriately trained by a medical professional in standards of hygiene, health and safety.
Prisoners should have access to, or be allowed to keep in their possession without access by the
prison administration, documents relating to their legal proceedings 141.

(xiv)Internal and external inspections

There should be a twofold system for regular inspections of prisons and penal services: (a)
internal or administrative inspections conducted by the central prison administration; (b) external
inspections conducted by a body independent of the prison administration, which may include
competent international or regional bodies 142. In both cases, the objective of the inspections
should be to ensure that prisons are managed in accordance with existing laws, regulations,
policies and procedures, with a view to bringing about the objectives of penal and corrections
services, and that the rights of prisoners are protected 143.
Inspectors should have the authority: (a) to access all information on the numbers of prisoners
and places and locations of detention, as well as all information relevant to the treatment of
prisoners, including their records and conditions of detention; (b) to freely choose which prisons
to visit, including by making unannounced visits at their own initiative, and which prisoners to
interview; (c) to conduct private and fully confidential interviews with prisoners and prison staff
in the course of their visits; and (d) to make recommendations to the prison administration and
other competent authorities144. External inspection teams should be composed of qualified and
experienced inspectors appointed by a competent authority and should encompass healthcare
professionals, and due regard should be given to balanced gender representation145.

Every inspection should be followed by a written report to be submitted to the competent

authority, and due consideration should be given to making the reports of external inspections
publicly available, excluding any personal data on prisoners unless they have given their explicit
consent146. The prison administration or other competent authorities, as appropriate, should
indicate, within a reasonable time, whether they will implement the recommendations resulting
from the external inspection147.

(xv)Special categories of prisoners

This section deals with part of the SMRs that is applicable only to the special categories of
prisoners enumerated below.

a) Women prisoners
Regarding separation of categories, as stated above, men and women should so far as possible be

141
Rule 52(2)
142
Rule 53
143
Rule 83(1)
144
Rule 83(2
145
Rule 84(1)
146
Rule 84(2)
147
Rule 85(1)
detained in separate institutions; in an institution which receives both men and women, the whole
of the premises allocated to women should be entirely separate 148.
As regards health-care services in women’s prisons, there should be special accommodation for
all necessary prenatal and postnatal care and treatment; arrangements should be made wherever
practicable for children to be born in a hospital outside the prison; and if a child is born in prison,
this fact should not be mentioned in the birth certificate 149.
Concerning restrictions, discipline and sanctions, the prohibition of the use of solitary
confinement and similar measures in cases involving women and children, as referred to in other
UN standards and norms in crime prevention and criminal justice 150 continues to apply151. In
addition, instruments of restraint should never be used on women during labor, during childbirth
and immediately after childbirth152. Where prison institutions allow marital partners to visit, they
should treat women equally with men153.

With regard to institutional personnel, in a prison for both men and women, the part of the prison
set aside for women should be under the authority of a responsible woman staff member who
should have the custody of the keys of all that part of the prison 154.

No male staff member should enter the part of the prison set aside for women unless
accompanied by a woman staff member155. Women prisoners should be attended and supervised
only by women staff members, and this does not, however, preclude male staff members,
particularly doctors and teachers, from carrying out their professional duties in prisons or parts of
prisons set aside for women156.

b) Young prisoners

The SMRs do not seek to regulate the management of institutions set aside for young persons,
such as juvenile detention facilities or correctional schools; but Rules 1 – 85 would be equally
applicable in such institutions157. As a rule, such young persons should not be sentenced to
imprisonment. (“The United Nations Standard Minimum Rules for the Treatment of Prisoners”)

148
Rule 85(2
149
Rule 11(a)
150
Rule 28
151
See Rule 67 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (resolution
45/113, annex); and Rule 22 of the United Nations Rules for the Treatment of Women Prisoners and Noncustodial
Measures for Women Offenders (the Bangkok Rules) (resolution 65/229, annex).
152
Rule 45(2)
153
Rule 48(2)
154
Rule 58(2)
155
Rule 81(1)
156
Rule 81(2)
157
Rule 81(3)
As stated above, young prisoners should be kept separate from adults 158. Again, young untried
prisoners should be kept separate from adults and should in principle be detained in separate
institutions159.
Young prisoners should receive physical and recreational training during the period of exercise,
and to this end, space, installations, and equipment should be provided 160. Vocational training in
useful trades should be provided for prisoners able to profit thereby and especially for young
prisoners161. The education of young prisoners should be compulsory and special attention should
be paid to it by the prison administration162.

c) Prisoners with mental disabilities and/or health condition

Prisons must adjust accommodate prisoners with physical, mental, or other disabilities in order to
ensure access to services and programs on an equitable basis, and measures to address specific
needs must not be considered discriminatory163.

The imposition of solitary confinement should be prohibited in the case of prisoners with mental
or physical disabilities when their conditions would be exacerbated by such measures 164.
Prisoners with sensory disabilities should be provided with information in a manner appropriate
to their needs165.

Persons who are found to be not criminally responsible, or who are later diagnosed with severe
mental disabilities and/or health conditions, for whom staying in prison would mean an
exacerbation of their condition, should not be detained in prisons, and arrangements should be
made to transfer them to mental health facilities as soon as possible 166. If necessary, other
prisoners with mental disabilities and/or health conditions can be observed and treated in
specialized facilities under the supervision of qualified health-care professionals 167. The health-
care service should provide for the psychiatric treatment of all other prisoners who are in need of
such treatment168. It is desirable that steps should be taken, by arrangement with the appropriate
agencies, to ensure if necessary the continuation of psychiatric treatment after release and the
provision of social-psychiatric aftercare169.

158
SMRs Preliminary Observation 4
159
Rule 11(d)
160
Rule 112(2) and Damodaram Sanjivayya
161
Rule 23(2)
162
Rule 98(2)
163
Rule 104(1)
164
Rules 2, 5
165
Rule 45(2)
166
Rule 55(2)
167
Rule 109(1)
168
Rule 109(2)
169
Rule 109(3)
i) Prisoners under arrest or awaiting trial
Under the SMRs, persons arrested or imprisoned by reason of a criminal charge against them,
who are detained either in police custody or in prison custody (jail) but have not yet been tried
and sentenced, are called “untried prisoners” 170. Individuals who are not convicted are presumed
to be innocent and should be treated as such. Without prejudice to legal rules for the protection
of individual liberty or prescribing the procedure to be observed in respect of untried prisoners,
these prisoners should benefit from a special regime as described in the SMRs in its essential
requirements only171. Untried prisoners should be kept separate from convicted prisoners 172.
Young untried prisoners should be kept separate from adults and should in principle be detained
in separate institutions. Untried prisoners should sleep singly in separate rooms, with the
reservation of different local custom in respect of the climate 173. Within the limits compatible
with the good order of the institution, untried prisoners may, if they so desire, have their food
procured at their own expense from the outside, either through the administration or through
their family or friends; otherwise, the administration should provide their food 174.
An untried prisoner should be allowed to wear his or her own clothing if it is clean and suitable;
if he or she wears prison dress, it should be different from that supplied to convicted prisoners 175.
An untried prisoner should always be offered the opportunity to work, but should not be required
to work. If he or she chooses to work, he or she should be paid for it 176.
An untried prisoner should be allowed to procure at his or her own expense or at the expense of a
third party such books, newspapers, writing material and other means of occupation as are
compatible with the interests of the administration of justice and the security and good order of
the institution177.

An untried prisoner should be allowed to be visited and treated by his or her own doctor or
dentist if there are reasonable grounds for the application and he or she is able to pay any
expenses incurred178.
Every untried prisoner has the right to be promptly informed about the reasons for his or her
detention and about any charges against him or bathing of an untried prisoner does not have a
legal adviser of his or her179. If own choice, he or she should be entitled to have a legal adviser
assigned to him or her by a judicial or other authority in all cases where the interests of justice so
require and without payment by the untried prisoner if he or she does not have sufficient means
to pay; and denial of access to a legal adviser should be subject to independent review without

170
Rule 110
171
Rule 111(1)
172
Rule 111(2)
173
Rule 111(3)
174
Rule 112(1)
175
Rule 112(2)
176
Rule 113
177
Rule 114
178
Rule 115
179
Rule 116
delay180. The entitlements and modalities governing the access of an untried prisoner to his or her
legal adviser or legal aid provider for the purpose of his or her defense should be governed by the
same principles as outlined in Rule 61 181. An untried prisoner should, upon request, be provided
with writing material for the preparation of documents related to his or her defense, including
confidential instructions for his or her legal adviser or legal aid provider182.

ii) Persons arrested or detained without charge

Without prejudice to the provisions of article 9 of the International Covenant on Civil and
Political Rights, persons arrested or imprisoned without charge should be accorded the same
protection as that accorded under part I and part II, section C, of SMRs 183. Relevant provisions of
part II, section A, of these rules should likewise be applicable where their application may be
conducive to the benefit of this special group of persons in custody, provided that no measures
should be taken implying that re-education or rehabilitation is in any way appropriate to persons
not convicted of any criminal offence184.

2.2. Prisoners’ Rights under the Ethiopia’s Legal Framework

This section discusses a number of prisoners’ rights guaranteed under the country’s legal
framework which includes both federal and regional laws relating to the treatment of prisoners.
In line with the federal state structure established in the country, the Federal Democratic
Republic of Ethiopia comprises the Federal Government and the State members, each with
respective legislative, executive and judicial powers; also, regional states may enact and execute
their respective State constitution and other laws 185.
Accordingly, at the federal level, the FDRE Constitution and the Federal Prison Proclamation
No.1174/2019, Federal Prisons Commission Establishment Proclamation No.365/2003 and
miscellaneous directives are in force. Similarly, the Oromia Regional State adopted and put into
effect its Constitution in 2005 and enacted other regional legislation such as the Oromia Regional
State Proclamation to Adopt the Applicability of All Proclamations Regulation to Revise the
Oromia Regional State Prison Administration Commission Police Members Code of Conduct
Regulation No.168/2014. A Regulation to revise the Oromia National Regional State Prison
Administration Commission Police Members Code of Code Regulation No. 47/2005.

The Enacted by the SNNP Region (Proclamation No. 8/2020) and the SNRS Regulation to
Adopt the Applicability of All Regulations Enacted by the SNNP Region (Regulation No.
6/2020). Specifically, the SNNP Region Manner of Treatment Inmates of Prisons Regulation No.
45/2005, the amended SNNP Region Prisons Commission Police Members Administration
180
Rule 117
181
Rule 118
182
Rule 119(1)
183
Rule 119(2)
184
Rule 120(1)
185
The FDRE Constitution, Arts. 1, 50(1)(2) and 52(2)(b)
Regulation No. 125/2015 and the SNNP Region Prisons Administration Commission
Establishment Regulation No. 137/2015 (along with all the relevant directives) are the pertinent,
applicable laws at the regional state level.
Prisons regulations provide for the manner of execution of sentences, the admission to prison,
segregation and of prisoners, relations of prisoners with persons outside, the internal discipline in
the prisons and for the education and spiritual welfare of the prisoners. In fact, all these federal
and regional laws have been substantively informed by and adapted from the SMRs, with some
nuances.

2.2.1. The FDRE Constitution

This supreme law of the land requires that all persons held in custody and persons imprisoned
upon conviction and sentencing have the right to treatment respecting their human dignity;
further, all persons should 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
counsel186.

2.2.2. Oromia Regional State Constitution

This Constitution also reiterates that any person held in custody or one imprisoned upon
conviction and sentencing has not only the right to be treated in conditions respecting his human
dignity but also the right to obtain an opportunity to communicate with and to be visited by, his
spouse or partner, close relative, friends, religious councilors or medical doctor and his legal
counsel187.

2.2.3. Prisoners' Rights under the FDRE Criminal Code

The penalties and measures provided by this Code must be applied in accordance with the spirit
of this Code and to achieve the purpose it has in view, and the penalties and measures should
always be in keeping with the respect due to human dignity 188. Prisoners of different sexes should
serve their sentences in different prisons and, in default of this; prisoners of different sexes
should be kept in different sections of the same prison and should not be allowed to mix with
prisoners of the other sex189. Also, prisoners who are sentenced to rigorous imprisonment or
special confinement should be kept separate from prisoners under the age of eighteen years or
from adult prisoners who are serving a sentence of simple imprisonment 190. Further, prisoners
awaiting judgment or persons detained for civil debts, or public servants who, by virtue of their

186
Art. 21
187
Art. 21 of the Oromia regional revised state Constitution Proclamation No. 94/2005, Magalata oromiyaa, and
no.108/2006) Finfinne June2008
188
Art. 87
189
Art. 110(1)
190
Art. 110(2)
official duty, had contact with prisoners and who are imprisoned for a crime or detained for civil
debt should be kept separate from prisoners serving sentence191.

Only prisoners in good health should be compelled to do work as assigned by the prison, and
such work should be suitable to the prisoners’ ability and should be of such nature as to reform
and educate the prisoners and to be conducive to their rehabilitation 192. Good conduct prisoners
may be given more favorable treatment as regards food, access to visitors, nature of work and
leisure and treatment may be further improved with improved conduct of the prisoner and with
the approach of the prisoner's release 193.
Before the expiry of a sentence of imprisonment, a prisoner may be released on probation, if his
conduct has been satisfactory and where he has served two-thirds of a sentence of imprisonment
or twenty years in case of life imprisonment and other conditions laid down by law have been
fulfilled194. Alternatively, unless otherwise provided by law, a sentence may be remitted in whole
or in part or commuted into a penalty of a lesser nature or gravity by an act of pardon of the
competent authority195. Again, unless otherwise provided by law, an amnesty may be granted in
respect to certain crimes or certain classes of criminals, either absolutely or subject to certain
conditions or obligations, by the appropriate competent authority, when circumstances seem to
indicate that such a measure is expedient 196. A sentence of death may be commuted or remitted
by way of pardon or amnesty in accordance with Arts. (“TITLE I PUNISHMENTS AND
OTHER MEASURES AND THEIR ENFORCEMENT”) 229 and 230 of this Code 197. While
awaiting the confirmation and the execution of the sentence the prisoner should be detained
under the same conditions as a prisoner-serving sentence of rigorous imprisonment 198. If a
prisoner, while serving sentence, must be transferred to a hospital for treatment, the period spent
in hospital should be reckoned as part of the sentence 199.

2.2.4. Federal Prisons Commission Establishment Proclamation No.365/2003

Prisoners shall have the right to be treated conditions of respect for human dignity 200.The
treatment of sentenced prisoners shall facilitate their post-release respect for law and their
rehabilitation towards self-supporting reintegration into society 201.Remand and civil prisoners

191
Art. 110(3)
192
Art. 112(3)
193
Art. 113(1)
194
Art. 229(1)
195
Art. 230(1)
196
Art. 120(2)
197
Art. 118
198
Art. 116(1)
199
Art. 34
200
Federal Prisons Commission Establishment Proclamation no.365/2003. Art 22(1)
201
Art 22(2)
shall not be presumed as offenders, and shall be entitled to treatment different from convicted
prisoners202. The Commission without court warrant shall admit no person into custody203.

No adverse distinction shall be made among prisoners on grounds of gender, religion:, political
opinion, nation nationality, of social origin 204. Female prisoners shall have prison premises
entirely separate from male prisoners 205. To the extent that circumstances allow, prisoners shall
have separate accommodation on the basis age, offences and similar factors 206. Prison premises
and compounds shall not be hazardous to health; and they shall have fresh air and sufficient
lights prison premises shall have the due variation to accommodate prisoners with manifest
behavioral reform and repentance, thereby motivating a positive spirit towards reform and
rehabilitation207.

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 208.

Where his interest so requires, a dependent infant not beyond eighteen months and that needs
close maternal care may stay with his mother who is in custody 209. The Commission shall
provide what is necessary to the health and care of the infant 210. Where the imprisonment of the
mother is found to have an adverse physical or psychological impact on the infant, the
Commission shall facilitate the possibilities of finding a guardian or tutor to the infant 211.

Access to visitors Prisoners shall have the right to communicate with their spouses, close
relatives, friends, medical doctors, legal counselors and religious leaders. Particulars shall be
determined by the Directives to be issued by the Commission 212. The right to impart information
about imprisonment and transfer Every Prisoner shall have the right to promptly inform his
family or any person of his imprisonment or of his transfer on any ground from his current prison
to another213.

Every prisoner serving his sentence shall be assigned to work that suits his ability and vocation,
and that does not affect his health; and shall receive remuneration for his work in accordance

202
Art 22(3)
203
Art 23
204
Art 24
205
Art 25(1)
206
Art 25(2)
207
Art 26(1,2)
208
Art 27
209
Art 28(1)
210
Art 28(2)
211
Art 28(3)
212
Art 29
213
Art 30
with the Directives to be issued by the Commission 214. The conditions of permission to enable
prisoners settle directives shall determine various social problems with warden’s escort 215.

Prisoners shall observe the disciplinary requirements stipulated by regulations or directives

pertaining to custody, discipline, sanitation, health care, social life, and other issues 216. Any
prisoner who commits a criminal offence while in custody shall be liable under criminal law 217.

2.2.5. Federal Prison Proclamation No.1174/2019.

ADMISSION OF PRISONERS

No prison shall admit any person without insuring the issuance of an order or a decision by a
competent court218.A prison shall have an up-to-date and modern record keeping system to
maintain full information of each prisoner 219. A prison shall register the following information
about the prisoner immediately upon admission:

a) Full name, age, sex, nationality and prior address;

b) Type of offence for which he is arrested or the reason for detention and the file number;

c) The court, which issued the order;

d) Court appointment date or the amount of penalty;

e) Duration of stay in prison and date of release;

f) lists of money and property in possession of the prisoner upon admission;

g) Identity of the prisoner’s close relatives and their address;

h) Medical examination report as per the provisions of Article 28 of this Proclamation; and

I) a photo and finger prints220.

The following information shall be recorded while the prisoner remains in prison:

a) When the court proceeding is in progress, appointment dates and what has been done in each
appointment;

b) Character and ethical character evaluation result;

214
Art 31(1)
215
Art 31(2)
216
Art 32
217
Art 33
218
Proclamation of Federal Prison no.1174/2019 Art 26
219
Art 27(1)
220
Art 27(2)
c) When a complaint has been lodged, the date, content, response or decision made on the
complaint; and d) Any disciplinary action instituted and a decision or response to such action.
When the prisoner is released by a court decision or court order the hour, date, month and year of
the release shall be registered221.

In other laws, the Commission shall ensure that information stated under this Proclamation are
kept confidential. It shall also keep other important information. The prisoner, upon his request,
shall have access to the information222.

A prison shall, to the extent possible immediately upon admission of a prisoner, undertake a
general medical examination on the prisoner and based on the result, take appropriate action as
per Article 34 of this Proclamation223. A prisoner shall have the right to inform his family or
attorney about his situation immediately upon his admission. The prison shall facilitate the
communication of the prisoner to his family or attorney about his situation 224. When the prisoner
is a foreign national, the prison shall facilitate the necessary condition for the prisoner to inform
his embassy, to an institution providing Embassy services, or to the Immigration, Nationality and
Vital Events Agency and Ministry of Foreign Affairs of FDRE 225. When the prisoner is stateless,
his country does not have an embassy, or an institution-providing embassy services in Ethiopia,
the prison shall allow the prisoner to inform an embassy of his choice or to an international
institution with an office in Ethiopia providing similar services and Ministry of Foreign Affairs
of FDRE226. A prison shall, when requested by the family or attorney about the whereabouts of
the prisoner, provide correct information in all cases 227.The prison shall hand over information
about the release time of the foreigner prisoner to the Immigration, Nationality and Vital Events
Agency228. Upon admission, the prison shall inform prisoners of their rights and duties during
their stay in a prison229.

The prison shall, taking into account the Commission’s responsibility to protect and rehabilitate
prisoners as well as the rights of the prisoner, prepare a list of property that can be brought to
prison by a prisoner. The prison shall, during admission, inform the prisoner about the list 230. The
prison shall, based on the list prepared under sub-article (1), prepare a document listing the
money and property in the possession of the prisoner that cannot be brought to prison, have it
signed both by the officer and prisoner, and keep the money and property in a safe place and
hand over them to the prisoner’s representative or to the prisoner upon his release231.
221
Art 27(3)
222
Art 27(5)
223
Art 28
224
Art 29(1)
225
Art 29(2)
226
Art 29(3)
227
Art 29(4)
228
Art 29(5)
229
Art 30
230
Art 31(1)
231
Art 31(2)
 TREATMENT OF PRISONERS

A prisoner shall have the right to be treated during his stay in prison with full respect of his
rights, dignity and health. A prisoner shall have the right to be protected from degrading,
inhumane and cruel treatment or from treatment, that endangers his health 232.

There shall be no discrimination on the treatment of prisoners based on gender, age, nationality,
ethnicity, language, and reason for detention, religion, political opinion, economic and social
conditions, or any other similar conditions233.

The main objective of the administrative procedures set by the Commission, the decisions it
makes or activities it undertakes shall be to ensure that prisoners will return to the community
rehabilitated and ethically sound, law abiding, peaceful and productive citizens 234. Based on
reason for detention, gender, age, or health conditions the prison shall designate separate quarters
for : male from female; persons detained upon judicial remand from convicted prisoners;
detainees of civil proceedings or on violation of petty offences from other prisoners; juveniles
from others; and persons that require high security from others235.

A prisoner shall have an accommodation that preserves his human rights, dignity, security and
health during his stay in prison236. The prison shall ensure that prisoners beyond its standard
capacity do not occupy a prison room237. The place where prisoners live shall have sufficient and
clean personal hygiene, bathing and toilet facilities considering their personal dignity, privacy
and health238. The prison shall provide clean bed, mattress, blanket and bed sheet to each
prisoner239. The Commission shall, for discharging its responsibilities to protect prisoners,
enforce orders and administrative regulation and ensure security, provide different uniforms to
prisoners based on the classification240. When necessary the Commission may allow prisoners to
wear their own clothing./ male from female; persons detained upon judicial remand from
convicted prisoners; detainees of civil proceedings or on violation of petty offences from other
prisoners; juveniles from others; and persons that require high security from others241.

The prison shall provide clean bed, mattress, blanket and bed sheet to each prisoner. The
Commission shall, for discharging its responsibilities to protect prisoners, enforce orders and
administrative regulation and ensure security, provide different uniforms to prisoners242.

232
Art 32(1,2)
233
Art 32(3)
234
Art 32(4)
235
Art 33
236
Art 34(1)
237
Art 34(2)
238
Art 34(3)
239
Art 34(4)
240
Art 35
241
Art 35(2)
242
Art 34
When necessary the Commission may allow prisoners to wear their own clothing 243.The prison
shall provide, three times a day, sufficient and balanced diet for each prisoner sufficient to
preserve his health and his physical fitness244. The meal to be provided by the Commission shall,
to the extent possible consider the religion, culture and other circumstances of the prisoner 245.

Sufficient and clean drinking water shall be made available to prisoners 246. A prisoner with a
health problem shall be provided with a special food based on recommendation by a medical
officer247. Food preparation and kitchens shall be clean and up to standard248.

Without prejudice to the reasonable inspection procedures in place to protect the safety of
prisoners and enforcement of prison administrative regulations, a prisoner shall have the right to
receive food and non-alcoholic drinks from his family or relatives. Particulars shall be
determined by Regulation249. The prison may, as appropriate facilitate the availability of food as
well as non-alcoholic hot and cold drinks at the prison for a reasonable price 250. Prisoners shall
have access to free medical services available to all other citizens pursuant to health service laws
of the country251.The Commission shall establish a medical center in the prison with qualified
medical personnel, sufficient medical facility and sufficient medicine supply that can provide
medical services to the prisoners for 24 hours252.

The medical team at the prison medical center shall consist of professionals on general health
care, mental health and psychiatry 253. Professionals at the prison medical center shall have the
responsibility to provide medical services in conformity with their professional ethics, laws and
regulations of the country governing the professions as well as the general principles enshrined
under this Proclamation254. The Commission shall ensure that the treatment of prisoners,
provision of services as well as the prison environment do not create health problems for
prisoners or the employees of the Commission255.

The medical professional at the prison medical center shall from time to time visit facilities
providing services, the provision of services, the treatment of prisoners as well as the prison
environment; identify issues that may cause health problems and inform same to the prison to
take corrective actions. The prison shall take corrective measures on issues so identified

243
Art 35(2)
244
Art 36(1)
245
Art 36(2)
246
Art 36(3)
247
Art 36(4)
248
Art 36(5)
249
Art 36(6)
250
Art 36(7)
251
Art 37(1)
252
Art 37(2)
253
Art 37(3)
254
Art 37(4)
255
Art 37(5)
forthwith256. When, based on the medical examination undertaken as per Article 28 of this
Proclamation, there are prisoners that need special medical follow up or inflicted by
communicable diseases that can impair the health of other prisoners, the prison shall prepare a
separate place where such prisoners will continue to get the medical services 257. A prisoner who
encounters a medical problem or feels ill shall have the right to get proper medical service at a
medical center in the prison at any time258.

The communications of a prisoner who has been getting medical services or has requested to get
such services at the prison medical center with medical professionals shall be kept
confidential259. However, a prison police officer shall perform the necessary surveillance activity
from a distance that does not allow him to hear the communications between the prisoner and the
medical professional or does not allow him to identify the medical service being provided to the
prisoner by the medical professionals260. The Commission shall to the extent possible, facilitate
the provision of general health care awareness creation education or training programs for
prisoners and employees of the prison by establishing contacts with public or private medical
institutions or non-governmental organizations providing similar services261.

A prisoner shall have freedom of religion and belief during his stay in prison., all religious and
spiritual practice shall observe other religions and beliefs and should be respectful and none
degrading to others262; where practicing ones religion and belief all prisoners shall observe rules
and regulations put forward to maintain safety and order263.

Prisoners, individually or in-group, shall have the right to engage in physical exercises
appropriate to their health within the compound of the prison 264. The Commission shall arrange a
sufficient open space within the prison compound for sports and physical exercises 265. The
Commission shall, to the extent possible and in collaboration with the community outside prison,
prepare cultural, social, sports and other similar events for the prisoners266.

Without prejudice to the limitations and inspection procedures put in place to protect prisoners
and enforcement of prison administrative regulations, as well as to protect the safety of the
prison community and enhance the effectiveness of its rehabilitation efforts, a prisoner, during
his stay in prison shall have;- the right communicate in person or in writing with his spouse,

256
Art 37(6)
257
Art 37(7)
258
Art 37(8)
259
Art 37(9)
260
Art 37(10)
261
Art 37(12)
262
Art 38(1,2)
263
Art 38(3)
264
Art 39(1)
265
Art 39(2)
266
Art 39(3)
relatives, friends, religious counselors, medical advisors and legal advisors 267. Have the right to
keep his communications with his family, professional and religious advisors, institutions or
other individuals confidential subject to reasonable inspection procedures268. Have the right to get
up to date information about the community outside prison by bringing to the prison public or
private press resources at his own expense, or by following up audio and video programs made
available at the prison269. To ensure the confidentiality of communications, the prison shall
prepare sufficient place where prisoners can meet and stay with their visitors to the extent
resources allow270. Visitors of a seriously ill prisoner shall be allowed to visit him in his room or
at the medical center271. the prison shall establish a system whereby a prisoner who is close to
completing his term of imprisonment is able to start communicating with the community outside
prison by allowing him to work outside the prison, to go out of prison and come back with or
without escort or through any other mechanism272.

Without prejudice to the limitations and inspection procedures put in place to protect prisoners
and enforcement of prison administrative regulations, as well as to protect the safety of the
prison community, where there are social activities that the prisoner cannot perform through a
representative, the Commission shall establish a system through which the prisoner can get
permission as appropriate during public working hours 273. In case of death of a close relative a
prisoner shall be given permission in the town where the prison is located. Particulars shall be
determined by regulation274.

CORRECTION AND REHABILITATION

Prisoners shall, through individual, group and peer confidential consultation services, get
psychological assistance from the time of their admission to prison 275. Prisoner shall be given
support to develop social life and skills during their stay in prison 276. Prisoners shall be given
legal awareness, civic and ethics education to understand the rule of law277.

A prisoner shall have the right to improve his knowledge and skills by participating in
educational and training programs based on his interest during his stay in the prison278.

The Commission shall, with a view to ensure that prisoners join society as ethically rehabilitated,
productive and capable citizens, organize educational or special professional training programs
267
Art 40(1)
268
Art 40(2)
269
Art 40(3)
270
Art 40(4)
271
Art 40(5)
272
Art 40(6)
273
Art 41(1)
274
Art 41(2)
275
Art 42(1)
276
Art 42(2)
277
Art 42(3)
278
Art 43(1)
for each prisoner that are relevant to his life. The Commission, to discharge its responsibilities
stated under establish relations with public and private education institutions or other institutions
providing similar services and create suitable conditions for the institutions to provide education
or special professional trainings for the prisoners within the premises of the prison or through
distance education programs279. Any prisoner who is unable to read and write shall have the
obligation to learn280.

The Commission shall organize a library with sufficient general knowledge and recreational
books in each prison and shall encourage the prisoners to read books 281. Without prejudice to
reasonable inspection by the Commission based on a Regulation to be issued to implement this
proclamation, a prisoner shall have the right to bring to prison and read any book of his choice282.

Prisoners shall be made productive citizens by developing working and saving culture through
organizing them in associations and engaging them in developmental activities. A directive shall
determine particulars283.

A prisoner shall have the right to work during his time in prison 284. Without prejudice to relevant
laws of the country on work place safety, the prison can compel prisoners to participate in
productive works against a reasonable payment. No payment shall be made for cleaning common
service areas like cell, compound, visiting areas and other places 285. Without prejudice to the,
persons on remand or detainees of civil proceedings or prisoners at advanced age shall not be
compelled to work286. The prison may earn income by establishing relations with public and
private institutions that can buy the products of the works of the prisoners on a regular basis or
by creating market chains as appropriate. The prisoners who participated in the work or service
shall be entitled to proportional payment from the income287.

The work or service where the prisoners participate shall be useful to the life of the prisoner
when they join the community upon completion of their imprisonment 288. A prisoner who has
received a final court verdict may ask to be transferred to a prison where his family live or to be
transferred from a federal to regional or from regional to federal or from one federal to another
federal prison and may be transferred to such prison upon the approval of the Commission.

279
Art 43(2)
280
Art 43(3)
281
Art 43(4)
282
Art 43(5)
283
Art 44
284
Art 45(1)
285
Art 45(2)
286
Art 45(3)
287
Art 45(4)
288
Art 45(5)
Particulars shall be determined by Regulation 289. A prisoner shall have the right to inform his
family or any other person about his transfer to another prison in a way convenient to him290.

SECURITY PROTECTION PROCEDURES

The prison shall establish the necessary security and inspection system and shall take
disciplinary measures to protect the safety of the prisoners and the prison community, to enforce
prison administrative regulations as well as to create a secure and peaceful prison environment 291.

The prison shall, within a certain period of time after admission of prisoners, study the character,
past history, reason for detention, period of time in prison and other related conditions in relation
to each prisoner and assign them as high risk, medium risk and low risk by identifying the
potential risk of each prisoner to escape from prison, to inflict harm on other prisoners and the
prison employees, breaking security and peace, breaching prison administrative regulations,
inflicting harm on property and on himself292.

The prison shall, based on the identified risk levels under sub-article (1) of this article of 47 this
proclamation, establish security and inspection procedures commensurate with the risk levels 293.
The prison shall regularly evaluate the risk levels as stipulated under sub article 1 of this Article
and change the risk levels assigned to the prisoners 294. The prison shall search visitors, property,
food and drinks to be brought to prison, as well as places where prisoners work or stay only to
the extent necessary to discharge its responsibilities given to it under this Proclamation related to
protection of prisoners, the peace and security of the prison and the safety of the prison
community295. The search to be conducted in the prison shall not in any way be aimed at
diminishing the dignity of the prisoners and visitors, violating their right to privacy without a
reason, or to threaten or punish them 296. Notwithstanding the provisions of sub-article (1) of this
Article, it is prohibited to search the internal body parts of a prisoner. However, when there is
sufficient and convincing reason to undertake such a search, it shall be done in a secluded place,
by a person of same sex as the person to be searched and using modern equipment 297. The time,
procedure and conditions on search as well as the measures to be taken on prohibited items
discovered through the search shall be determined by a regulation to be issued to implement this
Proclamation or relevant law298.

289
Art 46(1)
290
Art 46(2)
291
Art 47
292
Art 48(1)
293
Art 48(2)
294
Art 48(3)
295
Art 49(1)
296
Art 49(2)
297
Art 49(3)
298
Art 49(4)
 A prisoner who attempted or is found preparing to abscond from prison or who inflicted or
attempted to inflict harm on other prisoners or employees of the Commission or is unwilling to
observe the administrative regulations of the prison or refuses to accept orders from the prison
officials and police officers or because of his health condition attempted to inflict harm on
himself may be kept, for a limited period, in a separate prison cell within the prison299.

Notwithstanding the provisions of sub-article (1) of this article, the following are prohibited:

a) Keeping a prisoner in a separate cell for more than fifteen consecutive days;

b) Keeping a prisoner in a dark room;

c) Prohibiting a prisoner kept in a separate cell from going out of the room and see natural light
for at least three hours a day;

d) Keeping the prisoner in a room with no sufficient space, without windows large enough to
allow natural light, that endangers health, or without electric light, bed, mattress, and beddings;

e) Keeping in a separate room women or juvenile prisoners as well as prisoners who could be
exposed to serious problems because of their health situation; and

f) Preventing prisoners held in separate cells from being visited by their close relatives and
attorneys300.

Prison police officers may use proportional force against those prisoners who create problems or
attempt to inflict harm in accordance with the Criminal Law to defend themselves from attack or
to prevent the safety of other prisoners or to enforce the administrative regulations of the
prison301.

The prison may hand cuff prisoners who are assessed as high risk or are detained in a separate
cell or who because of any reason are suspected of inflicting harm on themselves, other prisoners
or prison police officers; or when the prisoners are taken out of the prison, as appropriate 302.
Prisoners shall not be in hand cuffs when they appear before a court or any other judicial body or
a medical institution or any governmental or non-governmental institution 303. Handcuffs shall not
be used to violate the dignity or the prisoners or to intimidate them304.

The Commission shall prepare and enforce a directive that prescribes what activities a prisoner is
supposed to undertake while in prison, the relations he should have with other prisoners and the
prison community, the character he should have, prohibited activities, the administrative

299
Art 50(1)
300
Art 50(2)
301
Art 50(3)
302
Art 51(1)
303
Art 51(2)
304
Art 51(3)
regulations of the prison, and the measures and penalties that would be imposed when a
disciplinary breach is committed305. Notwithstanding sub article 1 of this Article of 51, the
following are prohibited:

a) Beating or flogging of prisoners;

b) Performing an act that degrades the prisoner or insulting or threatening him;

c) Imposing restrictions on food, water and medical services;

d) Restricting the prisoner from meeting his relatives or attorneys;

e) Inflicting group punishment on prisoners; and

f) Inflicting a punishment on a prisoner that exposes him to serious health problems because of
his health conditions306.

PRISONERS WHO NEED SPECIAL TREATMENT

Female prison officers shall only guard the place designated for female prisoners 307. Male prison
workers can only enter the place where female prisoners live with female prison workers 308. The
Commission shall supply the necessary sanitary pads for female prisoners 309. A child of a female
prisoner who is under 24 months and who requires close attention shall stay with his mother. The
Commission shall allocate the budget necessary for the growth and health of the child 310.
Notwithstanding Sub Article 53/4/ of this provision, children’s above 24 month and with court
order to stay with their mothers shall provide adequate care and assistance 311. Female prisoners
with a child outside the prison shall be allowed to visit their child from time to time under escort
or the Commission shall create the necessary condition for the meeting between the female
prisoner and her child by arranging a specific place for the meeting in the prison 312. The prison
shall establish a procedure for pregnant prisoners to give birth at a hospital313.

Female prisoners shall be provided with medical follow up and care during pregnancy and after
birth314. Female prisoners shall not be forced to work during pregnancy and for one year after
birth315.

305
Art 52(1)
306
Art 52(2)
307
Art 53(1)
308
Art 53(2)
309
Art 53(3)
310
Art 53(4)
311
Art 53(5)
312
Art 53(6)
313
Art 53(7)
314
Art 53(8)
315
Art 53(9)
The prison shall establish a mechanism where juvenile prisoners get social, psychological,
educational and recreational services316. The prison shall require juvenile prisoners to attend
educational programs317. The prison shall arrange a separate place where juvenile prisoners can
meet their parents and family318. The prison shall ensure that the treatment of juvenile prisoners
take into account their age319.

The Commission shall organize adequate treatment for persons with disability in full or partial
impairment of their physical or mental incapacity to assist one’s self due to its nature or other 320.

Dormitories, dining rooms, sanitation and visitation areas shall be convenient and accessible for
persons with disability. The details shall be decided by a Regulation 321.The prison shall respect
the presumption of innocence of prisoners on remand and detainees of civil proceedings and
ensure others respect it322. The prison shall have the responsibility to establish a system of care
for the prisoners who need special treatment because of their health, age, disability or any other
reason323.

OBLIGATIONS OF PRISONERS

Respect the order to be hand cuffed during escort as stated under sub-article (1) of Article 51 of
this Proclamation. Respect the lawful orders of the prison police officers and prison officials;
Inform the prison when he is aware of a criminal activity, provide testimony or lodge complaint;
Respect the time for returning to cell; Respect the human rights and dignity of other prisoners
and live respecting peace and security324.

Take proper care of the property provided to him by government for his use and hand over such
property upon his release from prison; Accept and apply the advisory services provided to him
by rehabilitation professionals; Wear the uniform provided to him by prison according to the
directives of the prison and keep the uniform clean. Discharge other responsibilities necessary
for social relations325.

Without prejudice to prohibitions under the Criminal Code and other laws, the following
activities are prohibited in the prison326: Instigate, participate or assist a conspiracy, disturbance

316
Art 54(1)
317
Art 54(2)
318
Art 54(3)
319
Art 54(4)
320
Art 55(1)
321
Art 55(2)
322
Art 56
323
Art 57
324
Art 58
325
Ibid
326
Art 59
or similar activities that disturb the peace and security of the prison community. Instigate
participate or assist group brawl; Engage in, orally, in writing or through signs, insulting,
degrading and intimidating activities against other prisoners or prison employees. Use, possess,
bring into prison or attempt to bring into prison things that are prohibited by a directive issued by
the Commission327.

CONTROL AND COMPLAINT PROCEDURE

The prison, in order to protect the dignity and fundamental rights of prisoners, to abolish any
attack, torture or any other cruel, inhuman and degrading treatments and punishments as well as
to realize its objectives shall 328. Establish and implement Internal and external control 329; Permit
third party visit as appropriate330; and Respect the right of prisoners to lodge a complaint 331.
There shall be an internal control system to be developed by the prison. A directive shall
determine particulars332; In addition to the prison permanent control, the Attorney General may,
as appropriate, perform regular control on prisons333. There shall be continuous supervision by
the Board of Community Leaders334. Without prejudice to powers given to them under other law,
the Ethiopian Human Rights Commission, relevant Standing Committees and members of the
House of Peoples Representatives, the Office of the Ombudsperson, as well as other bodies
empowered by law to inspect and visit prisons shall have without prior notice the power to visit
prisons, speak to prisoners with complaints, examine prisoner registry as well as discuss with
prison employees, police officers, prison officials and communicate their findings with
recommendations to the concerned government bodies and to the public335.

Civic organizations established to protect the rights of prisoners and promote their better
treatment, research institutions or researchers have the right to undertake the activities having
secured prior permission from the prison336.
Commissions, Committees, Rapporteurs and similar bodies established under a treaty to which
Ethiopia is a member may undertake the visiting, inspecting and reporting provided for upon the
permission of the Attorney General337. To enhance treatment of prisoners and realize access to

327
Ibid
328
Art 60
329
Art 60(1)
330
Art 60(2)
331
Art 60(3)
332
Art 61(1)
333
Art 61(2)
334
Art 61(3)
335
Art 62(1)
336
Art 62(2)
337
Art 62(3)
information for citizen’s broadcasters may visit prison facilities 338. The Commission may
terminate the visitation in whole or part where advert threat occur to rehabilitation discourse 339.
A prisoner shall have the right to lodge a complaint about his treatment, a disciplinary action
instituted and penalty imposed on him 340. The prisoner, his relatives, his attorney or any other
interested person may lodge the complaint341.
The complaint shall be kept confidential342. Retaliating, intimidating or performing any other
similar actions on a prisoner because of the compliant is prohibited 343. Particulars on lodging of
complaints shall be determined by a directive to be issued by the Commission344.
A prisoner whose complaints under this section has not been addressed or has been rejected may
lodge his complaints to the First Instance Court within two months 345. The court, after having
heard the complaints and the prions officials as appropriate, make a decision or order it considers
appropriate based on this Proclamation and other relevant laws346.

2.2.6. A Regulation to Revise the Oromia Regional State Prison Administration

Commission Police Members Code of Conduct Regulation No.168/2014.

Because both the FDRE and the Oromia Regional State Constitutions describe the rights of
persons held in custody and convicted prisoners only in general terms; there must be some
primary/secondary legislation that provides concrete measures that enable the constitutional
provisions to be enforced and in operation in daily life347.

Apart from setting down the general duties of convicted and remand prisoners, this Regulation
lays down the basic principles for the treatment of prisoners. These are: treatment of convicted
and remand prisoners in a manner respecting their human dignity; the treatment ensuring the
execution of sentence that enables the prisoners to be law-abiding and self-sufficient; keeping
untried prisoners (being presumed innocent until proven guilty) separate from convicted
prisoners348.
Thus, discrimination on grounds of race, nation, nationality, color, gender, language, religion,
political opinion, social status, property, birth or other status, as well as the treatment that
violates their human rights and dignity or any inhuman or degrading activity by prison police
during custody and escort of prisoners are prohibited As regards admission of prisoners, the
Regulation requires the Commission not to admit any person to stay in a prison except in

338
Art 63(1)
339
Art 63(2)
340
Art 64(1)
341
Art 64(2)
342
Art 64(3)
343
Art 64(4)
344
Art 64(5)
345
Art 65(1)
346
Art 65(2)
Regulation to Revise the Oromia Regional State Prison Administration Commission Police
347

Members Code of Conduct Regulation No.168/2014

348
Ibid
accordance with an order by a competent court 349.
Concerning separation of prisoners, the Regulation prescribes that both convicted and remand
prisoners should be properly accommodated; female and male prisoners should be
accommodated in entirely separate premises; and prisoners should be kept in separate quarters,
based on their age, criminal offence, mental disabilities, or other reasons. With respect to
accommodation, the Regulation specifies that rooms and premises where convicted and remand
prisoners live should have clean air and adequate light and not cause harm to health350.

2.2.7. The SNNP Region Prisons Administration Commission Establishment Regulation

No. 137/2015 (which is adopted by regulation no. 8/2020 of SNRS)

Because both the FDRE and the SNRS Constitutions describe the rights of persons held in
custody and convicted prisoners only in general terms; there must be some primary/secondary
legislation that provides concrete measures that enable the constitutional provisions to be
enforced and in operation in daily life.

Apart from setting down the general duties of convicted and remand prisoners 351, this Regulation
lays down the basic principles for the treatment of prisoners. These are: treatment of convicted
and remand prisoners in a manner respecting their human dignity; the treatment ensuring the
execution of sentence that enables the prisoners to be law-abiding and self-sufficient; keeping
untried prisoners (being presumed innocent until proven guilty) separate from convicted
prisoners352.
Thus, discrimination on grounds of race, nation, nationality, color, gender, language, religion,
political opinion, social status, property, birth or other status, as well as the treatment that
violates their human rights and dignity or any inhuman or degrading activity by prison police
during custody and escort of prisoners are prohibited activities 353. As regards admission of
prisoners, the Regulation requires the Commission not to admit any person to stay in a prison
except in accordance with an order by a competent court 354.
Concerning separation of prisoners, the Regulation prescribes that both convicted and remand
prisoners should be properly accommodated; female and male prisoners should be
accommodated in entirely separate premises; and prisoners should be kept in separate quarters,
based on their age, criminal offence, mental disabilities, or other reasons 355. With respect to
accommodation, the Regulation specifies that rooms and premises where convicted and remand
prisoners live should have clean air and adequate light and not cause harm to health356.

349
ibid
350
Ibid art 27 of the Regulation
351
Art. 34
352
Art. 24
353
Art. 26
354
Art. 25
355
Art. 27
356
Art. 28
Regarding food and health care, the Regulation demands that convicted and remand prisoners
should be provided with diet adequate to preserve their health and the necessary free medical
services357.

As to pregnant prisoners and children of women prisoners, the Regulation states that, when
necessary to promote his/her best interests, a child of a female prisoner who is under 18 months
of age and who requires his/her mother’s close attention, in accordance with a court order, may
stay in a prison with his/her mother358. The prison should provide assistance appropriate for the
health and care of the child359. The prison should facilitate conditions for appointment of a
guardian or tutor where the custody of the child’s mother impacts on the child’s physical or
psychological development360. Any pregnant prisoner may be provided with the proper waiting
room, supplementary diet and health care as needed 361. The budget necessary for a child admitted
to a prison with his mother or born of a pregnant prisoner may be allocated until the child
becomes 3 years old362. When the child reaches the age of 3 years, all the necessary efforts
should be made to place the child in the custody of his family or a child-care organization as
needed363. Regarding contact with visitors, the Regulation provides that convicted and remand
prisoners should have the right to communicate with, and to be visited by, their families,
spouses/partners, close relatives, friends, medical doctors, legal counsels, and religious
councilors364. In respect of the right to communicate information, any convicted and remand
prisoner has the right to immediately inform his family or his favorite person about his detention
or his transfer for whatever reason; when necessary, the Commission or the prison should notify
his family upon request365. In addition, if any convicted prisoner who has completed his sentence
is suspected or accused of committing another crime, he should be returned back to police jail 366.
About work assignments and permission for social activities, any convicted prisoner who is
serving his sentence in prison and remand prisoner, if willing and in accordance with the relevant
law, should be compelled to work in conformity with his ability and profession and in a manner
that does not affect his health. He should be entitled to proportional payment for such work 367.
Prisoners may with prison police escort, get permission for various social activities as
appropriate368.

2.2.8. The SNNP Region Manner of Treatment Inmates of Prisons Regulation No. 45/2005
357
Art. 29
358
Art. 30(1)
359
Art. 30(2)
360
Art. 30(3
361
Art. 30(4)
362
Art. 30(5)
363
Art. 30(6)
364
Art. 31
365
Art. 32
366
ibid
367
Art. 33
368
ibid
This Regulation explicitly sets forth all the human rights of prisoners in detail. However, unlike
the above-mentioned Regulation No. 137/2015, it uses the expression ‘inmate’ to refer to
prisoner.

a) Basic principles
Similar to Regulation No. 137/2015, this Regulation reiterates some basic principles that apply to
all prisoners without discrimination of any sort369.
These are: no regard should be had to the language, religion, ethnic affiliation, social status,
political outlook and nationality of inmates 370; imprisonment should be carried out in a manner
that ensures human dignity physically and morally and in full compliance with the provisions of
the FDRE Constitution and other relevant laws 371, execution of sentence of imprisonment should
contribute toward the rehabilitation and facilitation of the post-release reintegration of inmates 372.

b) Admission and registration of prisoners

Regulation No. 45/2005 requires that prisons admit inmates sent by court order by making sure
that the necessary information is stated, and it should admit no person unless this formality is
fulfilled373. Inmates admitted to prisons should be registered, and each inmate should have a
personal file, as directives374 specify the details. Inmates should undergo medical examination on
the day of their admission375.

c) Access to information and petition

Regulation No. 45/2005 requires that every inmate, upon admission, be informed orally or in
writing of the disciplinary rules of the prison376. Every inmate should have right to petition orally
or in writing to the appropriate level of administrative hierarchy 377. If an inmate is unable to read,
he should be given complete information orally 378.

d) Separate accommodation for prisoners

369
Art. 4(1)(a)
370
Art. 4(1)(b)
371
Art. 4(2)
372
Art. 4(3)
373
Art. 5(1)
374
Art. 5(2)
375
Art. 5(3)
376
Art. 27(1)
377
Art. 27(2)
378
Art. 27(3)
Regulation No. 45/2005 requires that male and female inmates be accommodated in separate
prison premises. “The prison premises379 in which female inmates are accommodated must be
well fenced380.

Only female prison wardens and officials should guard and supervise female inmates 381, provided
that physicians and teachers may perform their professional function within the premises for
female inmates. Any official or professional must be accompanied by female officers while
performing his functions382. Inmates should be grouped and kept separately on the basis of age,
type of offence and other aspects in which they are similar:

(a) Inmates who have not attained the full age of 18 years should be kept separated from others;
(b) Inmates on remand should be kept separate from convicted inmates;

(c) Inmates with grave criminal records, recidivists and amoral inmates should be kept separate
from others, as the details are specified by directives383.

Inmates should be grouped and kept separately based on aspects in which they are similar for the
sake of facilitation of their socialization and rehabilitation 384. The manner of accommodation of
an inmate should be determined on the basis of the information obtained about his personal
behavior, skills and talents upon his admission385.

e) Accommodation standards
Regulation No. 45/2005 requires that prison premises in which inmates live or work separately
or in group have windows through which light sufficient to read during the day and fresh air
enters, and they should also be made to have light which is sufficient to read and that is harmless
to eyes during the night386.

f) Clothing, bedroom, and sanitation of prisoners

Regulation No. 45/2005 requires that every inmate wear uniforms designed by the prison, as the
details are specified by directives387. An inmate may be entitled to additional clothing due to his
health, where a physician so instructs or where the prison administration so authorizes 388. Every
inmate should to the extent possible be entitled to the place and garments necessary for
sleeping389. An inmate may be entitled to a separate sleeping room due to his health or where a

379
Art. 6(1)
380
Art. 6(1)(a)
381
Art. 6(1)(b)
382
ibid
383
Art. 6(2)
384
Art. 6(3)
385
Art. 6(4)
386
Art. 7
387
Art. 8(1)(a)
388
Art. 8(1)(b)
389
Art. 8(2)(a)
physician so instructs or where the prison administration so authorizes 390. Inmates should be
entitled to sufficient water and utensils for bathing and the necessary sanitation as well as
sufficient toilet391.

g) Nutritional standards
Regulation No. 45/2005 requires that any inmate, depending on the budget allocated for him, be
entitled to sufficient healthy and balance diet 392. Any inmate should be entitled to sufficient pure
drinking water393. An inmate should be entitled to a special diet, due to his health or where a
physician so instructs394.

h) Medical service

Regulation No. 45/2005 requires that inmates have right to medical service free of charge 395.
However, where additional treatment is prescribed by the physician and inmates request to seek
such treatment with their own expense, the prison should, as convenient, so authorize them, as
the details are specified by directives 396. No drug may either be brought in to the prison or used
by inmates without the authorization of the medical official 397. Every prison should, to the extent
possible, have a health station equipped with the necessary medical equipment, medicine and
medical staff398. The physician may, where he finds it necessary, recommend to the prison
administrator that an inmate be sent to a health center out of the prison for medication. The
administrator should, upon such recommendation, because the transfer and treatment of the
inmate at the recommended health center399. The physician should supervise hygiene and food
quality in the prison; he should study and recommend to the administration matters that need to
be improved, and should follow-up the implementation of thereof 400. An inmate on whom a
disciplinary penalty has been imposed may request the prison head to mitigate or lift the penalty,
where the physician confirms that the inmate is unable to undergo the penalty due to his health 401.
Inmates with metal and any contagious disease should be kept and treated separately 402.

i) Contact with the outside community

Regulation No. 45/2005 requires that inmates be allowed to be visited by persons outside the
390
Art. 8(2)(b)
391
Art. 8(3)
392
Art. 9(1)
393
Art. 9(2)
394
Art. 9(3)
395
Art. 10(1)
396
Art. 10(2)
397
Art. 10(3)
398
Art. 10(4)
399
Art. 10(5)
400
Art. 10(6)
401
Art. 10(7)
402
Art. 10(8)
prison403, along with the required supervision and follow-up 404. Inmates may communicate with
their spouses, close relatives, friends, physicians, legal counsels and religious fathers 405.
However, where the inmate is a foreign national, he should be allowed to be visited by his
lawyer and persons from the embassy or consulate of his country, as the details are specified by
directives406. Where the manner of their accommodation makes it impossible for inmates to be
visited in their respective cells, the head of the prison may make them to be visited collectively at
a place407. Any child whose age is below nine years should be allowed to visit an inmate
accompanied by an adult person408. Inmates may be allowed to go out of prison premises
escorted by prison wardens for their personal business, as the details are specified by
directives409. An inmate whose release is immediate should be allowed to take a job outside the
prison premises or to go out to procure assistance from persons outside the prison escorted by
prison wardens, as directives410 specify the details. Inmates should have right to send and receive
letters and other documents personally 411.

j) Compulsory labor and remuneration

Regulation No. 45/2005 requires that every sentenced inmate be assigned to work from the date
on which he is sentenced until he is released having finished his terms pursuant to the schedule
to be prepared, and he should be entitled to remuneration for his work 412. Inmates on remand
should be given the opportunity to work if they are willing and they should be entitled to
remuneration for their work, as the details are specified by directives 413. An inmate should be
selected for a specific position on the basis of his previous occupation and qualification 414. Where
it is sought to assign inmate to a specific position, and where such inmate does not have the
qualification required for the job, he should be made to receive the necessary training and
instruction415. The inmates who should not be obliged to perform compulsory labor are:

(a) Inmates sentenced to death;

(b) A pregnant inmate after sixth months of her pregnancy and during the two months that follow
her confinement;

403
Art. 12(1)
404
Art. 16
405
Art. 12(1)(a)
406
Art. 12(1)(b)
407
Art. 19
408
Art. 18
409
Art. 12(2)
410
Art. 12(3)
411
Art. 13
412
Art. 21(1)
413
Art. 21(2)
414
Art. 22(1)
415
Art. 22(2)
(c) Male inmates whose age is above 60 (sixty) years and female inmates whose age is above 50
(fifty) years; and

(d) Inmates on remand416. Inmates except those mentioned under (a) and (b) may not be
prohibited to work, if they so request after having been told the fact that they are not obliged to
work, but provided that the work does not harm their health, and they should be entitled to
remuneration for their work417. Inmates sentenced to simple or rigorous imprisonment should be
obliged to perform compulsory labor under the following conditions: (a) where the nature of the
work is believed to be suitable for guarding, and b) where the physician confirms that the inmate
is in good health418. No inmate should be required to work in a harmful and cruel manner; neither
should an inmate be required to work for a time that exceeds seven hours a day a week and six
days419. Such inmates should be entitled to remuneration for their work, as directives 420 specify
the details. The prison may authorize inmates to work out of the prison premises for various
reasons421. The manner of payment of wages to inmates who are engaged in various fields of
profession outside the prison premises should be determined by the local market and the contract
entered in to by the prison422. Every inmate should, through the prison, pay tax from the income
he earned by working as a laborer or a professional outside the prison premises in accordance
with the provisions of the relevant laws423. Directives should specify the details.

k) Female prisoners with children

Regulation No. 45/2005 specifies that, where an inmate with an infant that has not attained the
full age of 18 months is admitted to prison, the infant may stay in prison premises 424. The infant
should be provided with balanced diet, vaccination and medication, and follow-up should be
made about its nutrition during its stay in the prison425. The infant should be given to a close
relative where living in prison premises has an adverse physical and psychological impact on the
infant through time, and there is the one willing to take care of the infant 426. In default of a
willing close relative, the prison should facilitate the possibilities of finding a guardian or tutor
for the infant when the infant is four years old; where a guardian or tutor is found, the mother
should have duty to surrender the infant. A pregnant or a newly confined inmate should be

416
Art. 23
417
ibid
418
Art. 24(1)
419
Art. 24(2)
420
Art. 24(3)
421
Art. 26(1)
422
Art. 26(2)
423
Art. 26(3)
424
Art. 11(1)
425
Art. 11(2)
426
Art. 11(3)
provided with food, medication and other necessary care 427. A pregnant inmate should, to the
extent possible, be made to give birth at a hospital or at another health institution which provides
sufficient medical service; where an infant is born in prison premises such fact should not be
recorded in its birth certificate428. Nevertheless, Regulation No. 45/2005 has no provisions
dealing with sports, physical exercise, and recreation; home search to be conducted in prison;
security and inspection conditions

427
Art. 11(4)
428
Art. 11(5)
BIBLIOGRAPHY

Laws FDRE Constitution, 1995

Federal Prison Proclamation No.1174/2019

Oromia National Regional State Revised Constitution Proclamation No. 46/2001, Megeleta
Oromia , 1st Year, No. 1, 4th July 2008

FDRE Criminal Code

The Oromia Region Prisons Administration Commission Establishment Regulation No.

137/2015

The Oromia Region Manner of Treatment Inmates of Prisons Regulation No. 45/2005

Universal Declaration of Human Rights (1948)

International Covenant on Civil and Political Rights

Books and Articles

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A.T. Turk, Criminality and Legal Order, Rand McNally, Chicago, 1969, 19; A. Fagothey, Right
and Reason: Ethics in Theory and Practice, C.V. Mosby Company, U.S.A., 1959, 371.

Addisu Gulilat, The Human Rights of Detained Persons in Ethiopia: Case Study in Addis
Ababa, Faculty of Law, School of Graduate Studies, Addis Ababa University, December 2012

Andrew Coyle, Human Rights Approach to Prison Management: Handbook for Prison Staff,
International Centre for Prison Studies, 2nd edition, 2009, London

ARC Foundation/Garden Court Chambers, Prison Conditions in Ethiopia, February 2021

Asres Bedaso, Gemechu Kediro and Tebikew Yeneabat, Factors associated with depression
among prisoners in southern Ethiopia: a cross-sectional study, School of Nursing, College of
Medicine and Health Sciences, Hawassa University, Hawassa, SNNPR, Ethiopia, 2018

Fitsum Meseret, Discrepancy Between Rhetoric and Practice: A Qualitative Study Assessing
Barriers Associated With Prisoner Rehabilitation at Hawassa Correctional Facility, Southern
Ethiopia, Wolaita Sodo University, Wolaita Sodo, Ethiopia, January-March 2018
 John W. Creswell, Research Design: Qualitative, Quantitative, and Mixed Methods Approaches
(3rd edn., SAGE Publications Inc. 2009) 18.