𝗣𝗿𝗶𝘀𝗼𝗻𝗲𝗿'𝘀 𝗥𝗶𝗴𝗵𝘁𝘀 𝗶𝗻 𝗦𝗼𝗺𝗮𝗹𝗶𝗮 𝗟𝗮𝘄 𝗮𝗻𝗱 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗟𝗮𝘄: 𝗖𝗼𝗺𝗽𝗮𝗿𝗮𝘁𝗶𝘃𝗲 𝗔𝗻𝗮𝗹𝘆𝘀𝗶𝘀

 

Abstract:

The article, titled "Comparative Analysis of Prisoners' Rights in Somali Law and International Law," seeks to investigate the compatibility of Somalia's domestic legislation with prevailing global standards, treaties, and principles relating to the rights of prisoners. The research methodology utilized in this study is qualitative, with a specific focus on document analysis, the researcher considers this method is regarded more reliable than alternative methods due to its precise interpretation of legal content. Existing literature on Somalia's prison facilities reveals substandard living conditions that do not meet international benchmarks, encompassing issues such as inadequate food and water quality, poor sanitation, legal system uncertainties, and insufficient mechanisms for monitoring prison conditions; therefore, this study will address the gap in comparing prisoner rights at the national and international levels where such a comparison is currently lacking. Since the establishment of the United Nations in 1945, numerous conventions aimed at protecting human rights, including those of prisoners, have been established at the international level. These include the Universal Declaration of Human Rights in 1948, the International Covenant on Civil and Political Rights in 1966, the Convention against Torture in 1987, the Kampala Declaration in 1996, and the Nelson Mandela Rules in 2015. These conventions emphasize that prisoners possess inherent human dignity, deserve better living conditions, and have the right to education and employment. International mechanisms are in place to safeguard prisoners' rights, a commitment mirrored in Somalia's national laws. However, unlike international law, Somalia's national legislation does not strongly emphasize the prohibition of torture and the use of solitary confinement as a last resort for disciplinary measures.

Keywords: Prisoners’ rights, International Law, Somalia Law

Read the full study in here: https://journals.eanso.org/index.php/eajle/article/view/2213