This is usually called allocutus or plea for mercy. Following the allocutus, the court proceed [sic] to pronounce the sentence. Few courts ask the prosecution for any previous criminal record of the convict before sentence. There is scarcely any post conviction hearing beyond the allocutus. Very little time is spent on this very sensitive stage of the criminal process. More attention is paid to the investigative and trial stage and little or no attention is paid to the sentencing stage.
Traditional and sharia law do not apply to criminal matters.
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Death row cells are small, dark and poorly ventilated, and contain on average 4 to 6 prisoners in 10 square meters. Prisoners sleep on mats and do not have access to toilets at night. Death row inmates are not allowed to work or to access education programs. Prisoners are isolated and not allowed to mix with the other prisoners.
During its September visit, Amnesty found that each of the four women on death row had her own cell in a separate cell block.
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Cells were bare but clean. Overcrowding is a general concern for all prisoners, with prisoners packed in cells for long periods of time—sometimes they have to lie almost on top of one another to sleep. The conditions often lead to disease outbreaks among the prisoners. The quality of the nutrition provided to those incarcerated is usually poor.
Department of State reports that this is a common ratio of overcrowding. Prisoners depended on family assistance or outside organizations for food, medical care, and other necessities, and shortages of essentials like bedding, clean water and clothing continued. Pregnant women are held in special cells until they give birth. There have been problems with getting those on remand to trial in a timely fashion—there are numerous reports of people being imprisoned without trial for years.
The large number of persons on remand burdens the Legal Aid Board, which has the responsibility to provide representation to indigent defendants on remand and appeal , and this contributes to the long wait before trial. As of , this program has reportedly had little effect in bringing those remanded in prison into court in a more efficient manner. We cannot confirm that any prisoners are held under sentence of death.
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Women and men are held in different sections of the same facility. Debatably, the prisoner should be considered no longer on death row sometimes pending resentencing after 5 years, although courts may still enumerate any time spent prior to commutation as time under sentence of death. Knights, paras. Death-sentenced prisoners are incarcerated at Camp Street prison, located in Georgetown. Prisons are overcrowded, unsanitary, and in deteriorated condition.
Death-sentenced inmates are allowed visits from family and friends only with written permission from the Director of Prisons. State Department reports that prison officials frequently abuse prisoners, and in , three prisoners died of neglect or prison official abuse. Prosecutors were recently given the ability to appeal decisions to the Appellate Court, including jury acquittals where the defendant faces the mandatory death penalty; this law has the potential to extend prison stays of acquitted defendants for years.
Death row prisoners are incarcerated at a number of prisons. Karnataka prisons held 61 death row prisoners. Mahrashtra held 50 prisoners. Bihar held 37 prisoners. Delhi held 24 prisoners. Gujarat held 20 prisoners. Kerala prisons held 10 prisoners.
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Conditions in Indian prisons are harsh and life-threatening. Prisons are severely overcrowded. Sanitation is also lacking. Moreover, there are significant reports of human rights violations in prisons. Between and , 38, cases of human rights abuses were reported in prisons nationwide. Often security officials monitor death row inmates by closed-circuit cameras. Head counts in the morning and at night are common. Unlike other prisoners, death row inmates do not have to work in the prisons.
They may subscribe to newspapers and magazines and have relatives bring books and food. While convicted juveniles by law are required to be placed in rehabilitative homes, many were held with adults in prison. This is especially the case in rural areas.
Pretrial detainees are not always separated from convicted prisoners. As of the end of , women convicts lived with their children, and 1, women awaiting trial lived with their 1, children in prison.
By the end of , 1, deaths were reported, 1, natural and 88 unnatural. Of the total deaths, 43 were women 8 un-natural by way of suicide.
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While the law prohibits torture, in practice, torture in police custody was widespread throughout India. In some cases, confessions of individuals who had been tortured were used in court as evidence, even in some capital cases. In addition, some juveniles were held in prisons in violation of the law.
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The law stipulates that anyone under the age of 18 must be held in rehabilitative facilities such as government homes for children. Although Indonesia maintains Lapas prisons distinct from Rutan pre-trial detention facilities , reports indicate that Lapas house pre-trial detainees with convicts and that separation among prisoners is determined by bribery or, in some cases, the dangerousness of a particular offender to fellow inmates or detainees. Reports indicate that death row inmates are held in prisons across the country. Overcrowding is a serious problem. At the end of , the prison population reached over , when the official capacity sits at about 97, Small cells approximately 9 square yards in size with a formal capacity of two prisoners reportedly hold five people.
Corruption is rampant, with many prison officials demanding bribes for better treatment and living conditions and occasionally for necessary medical procedures. In the U. Additionally, there was no systematic registration of or record-keeping on detainees and detention, and no effective legal restriction against the use of forced confessions. In fact, forced confessions were routinely relied upon as evidence during trial. Nineteen district religious courts and one court of appeals hear cases involving Muslims. Trials were generally closed to the public, and defendants often were not supplied with legal representation despite their rights.
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Reports indicate that death-sentenced prisoners are incarcerated at a variety of locations. Prisons are poor and overcrowded; prisoners are denied food and medical care and exposed to the elements as a method of torture and of extracting information. The prison lacks sleeping space, with each prisoner given less than one square meter. Reports indicate that prisoners in Evin may sleep on the cold ground and become susceptible to illness. There have been reports that authorities at Rajaishashr prison installed electronic jamming antennas in prisons, which cause severe headaches and nausea.
These conditions are exacerbated by the fact that the prison denies inmates adequate medical care.