Prisoner – Darkholme Keep http://darkholmekeep.net/ Wed, 18 May 2022 02:17:37 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://darkholmekeep.net/wp-content/uploads/2021/06/icon-7-70x70.png Prisoner – Darkholme Keep http://darkholmekeep.net/ 32 32 Sanctions imposed on the prisoner who impersonated Atty. Vic Rodriguez will solicit donations” – Manila Bulletin https://darkholmekeep.net/sanctions-imposed-on-the-prisoner-who-impersonated-atty-vic-rodriguez-will-solicit-donations-manila-bulletin/ Wed, 18 May 2022 00:40:00 +0000 https://darkholmekeep.net/sanctions-imposed-on-the-prisoner-who-impersonated-atty-vic-rodriguez-will-solicit-donations-manila-bulletin/ News / National / Sanctions imposed on the prisoner who impersonated Atty. Vic Rodriguez will solicit donations’ Sanctions imposed on the prisoner who impersonated Atty. Vic Rodriguez will solicit donations’ NAP The Bureau of Corrections (BuCor) said on Wednesday May 18 that it would impose sanctions on one of its prisoners who was found using […]]]>

Sanctions imposed on the prisoner who impersonated Atty. Vic Rodriguez will solicit donations’

NAP

The Bureau of Corrections (BuCor) said on Wednesday May 18 that it would impose sanctions on one of its prisoners who was found using the name of attorney Vic Rodriguez, spokesman for alleged President Ferdinand “Bongbong”. Marcos Jr., and allegedly solicited donations via social media.

The person deprived of liberty (PDL) has been identified as Ryan Ace Castillejo who was held in the maximum security compound of New Bilibid Prison (NBP) in Muntinlupa City on two counts of robbery.

BuCor Deputy Managing Director Gabriel P. Chaclag said the office is “committed to continuing to implement measures to prevent inmates in its custody from committing further crimes such as this scam.”

“The said PDL is now being investigated and appropriate penalties will be applied for violating the prison rules,” Chaclag said.

Justice Secretary Menardo I. Guevarra had said that if Castillejo is already serving his prison sentence, cybercrime charges will be brought against him.

Guevarra also said he would order a further investigation into the incident since “Possession by a PDL of a cell phone is strictly prohibited at the NBP, specifically in the maximum security compound.”

Chaclag said that at approximately 7 p.m. last Monday, May 16, “BuCor personnel conducted a surprise search operation inside the maximum security NBP compound targeting a PDL (person deprived of liberty) who used the name of ‘Atty. Vic Rodriguez to solicit money from businessmen.

He said the operation was carried out with the National Bureau of Investigation’s Special Action Unit (NBI-SAU).

“A Huawei smart phone unit was discovered in his cell,” Chaclag said.

Cell phones and other communication gadgets are considered contraband and their possession by PDLs is strictly prohibited by prison rules and regulations.

SUBSCRIBE TO THE DAILY NEWSLETTER

CLICK HERE TO REGISTER

]]>
The abuser made his partner feel like a ‘prisoner’ in her own home https://darkholmekeep.net/the-abuser-made-his-partner-feel-like-a-prisoner-in-her-own-home/ Sun, 15 May 2022 12:14:31 +0000 https://darkholmekeep.net/the-abuser-made-his-partner-feel-like-a-prisoner-in-her-own-home/ Lerwick Sheriff’s Court. A 36-year-old man who made his girlfriend feel like a ‘prisoner’ in her own home has been found guilty of abuse. Mark Gilhespy had denied being violent towards his partner, forcing her to give evidence during a trial at Lerwick Sheriff Court on Thursday. Appearing via video link, she told the court […]]]>

A 36-year-old man who made his girlfriend feel like a ‘prisoner’ in her own home has been found guilty of abuse.

Mark Gilhespy had denied being violent towards his partner, forcing her to give evidence during a trial at Lerwick Sheriff Court on Thursday.

Appearing via video link, she told the court how Gilhespy physically restrained her from leaving her own Lerwick home, grabbed her by the throat and threw her naked to the ground.

The court heard seven rude voicemails Gilhespy left during which he called her a “dirty tramp” and a “horrible tease”.

Text messages were read in which the partner told Gilhespy he had made her “feel like a prisoner in my own house”.

“Never in my life have I been treated the way you have treated me,” the text read.

Gilhespy responded to the text, hinting that he would kill himself.

Tax attorney Duncan MacKenzie said Gilhespy “guilted” her with the suicide threat.

The court heard the relationship, which lasted from July to October 3 last year, soured when the partner moved into a flat in Lerwick where Gilhespy also spent most of his time.

“Mark just changed,” she said.

“He didn’t particularly like me spending time with anyone other than him, including his family.

“He questioned me about everything I was doing and accused me of having affairs with co-workers, just to be taken home.”

She said Gilhespy would call her names like “bitch, bitch and liar”.

Usually a people person, the former partner said it “became easier not to see people”.

The questioning continued at work, where she said she would receive up to 10 messages a day from him.

She said he would also message her when he visits his son in the Newcastle area, where he is from.

Gilhespy, who now lives in Boldon Colliery, Tyne and Weir, would get “really, really mean” when he didn’t believe her, she said.

“He was insulting me and it was almost like he found it funny.

“There were times he would laugh in my face and call me a liar.

“He could see that I was very distressed by this, but he didn’t want to stop.

“It was almost like he liked it.”

She said the abuse started during the last week of the relationship when a co-worker drove her home and Gilhespy accused her of having sex with him. She tried to leave but said he physically stopped her.

“At one point I was standing at my front door and trying to open it and he was closing it and grabbing me and pulling me,” she said.

The next morning, she said Gilhespy was still “obsessed with that guy who drove me.” That’s when she said he grabbed her by the neck and threw her to the ground.

She said the third attack happened when she made a “stupid, drunken decision” to go to Gilhespy’s early one morning.

After more “shouting and swearing,” she said Gilhepsy “pinned me to the couch” and “stuck my leg in the door” trying to leave.

“It went on for what felt like hours,” she added.

The court heard how police photos showed her with bruises on her arms, elbow and shoulder following the incident.

Defense agent Tommy Allan, however, suggested she “gave it all she had”, pointing to the injuries Gilhespy also suffered.

The ex-partner said she only acted to fight him.

Mr Allan said that while Gilhespy accepted that he would not leave the court with a “resounding endorsement of his character”, he denied physically assaulting his partner.

Sheriff Ian Cruickshank, however, said he found the partner’s evidence “credible and reliable” and sufficient to convict Gilhespy.

He adjourned the case until June 8 for criminal justice social work reports to be produced before sentencing.

]]>
Texas authorities: a prisoner stabs a guard and escapes from a bus | USA News® https://darkholmekeep.net/texas-authorities-a-prisoner-stabs-a-guard-and-escapes-from-a-bus-usa-news/ Thu, 12 May 2022 21:55:00 +0000 https://darkholmekeep.net/texas-authorities-a-prisoner-stabs-a-guard-and-escapes-from-a-bus-usa-news/ CENTERVILLE, Texas (AP) – A Texas prisoner serving a life sentence for murder escaped from a transport bus Thursday after stabbing the driver, prompting a search in a rural county between Dallas and Houston, a announced the authorities. Multiple law enforcement agencies were searching an area off a Leon County highway for Gonzalo Lopez, 46, […]]]>

CENTERVILLE, Texas (AP) – A Texas prisoner serving a life sentence for murder escaped from a transport bus Thursday after stabbing the driver, prompting a search in a rural county between Dallas and Houston, a announced the authorities.

Multiple law enforcement agencies were searching an area off a Leon County highway for Gonzalo Lopez, 46, who was convicted in 2006 of killing another man along the border between Texas and Mexico.

There were 16 prisoners on the bus but no one else escaped, said Jason Clark, chief of staff for the Texas Department of Criminal Justice. He said Lopez overpowered the driver, a correctional officer, but it was unclear whether Lopez took control of the bus or simply ran off the road.

The driver’s injuries are not considered life-threatening, Clark said.

Leon County has a population of about 16,000 and is about 80 miles north of the state prison headquarters.

political cartoons

Jail records show Lopez was recently held in a jail in Gatesville, more than 100 miles from where authorities were looking.

Other Texas prisoners have also escaped from transport vehicles over the years. Among the most recent was in 2019 when an MMA fighter suspected of killing two people fled a van and disappeared for nine hours. Authorities said he was eventually found hiding in a trash can.

Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

]]>
HMP Bullingdon prisoner caught on drugs tells judge he’s getting ‘wiser’ https://darkholmekeep.net/hmp-bullingdon-prisoner-caught-on-drugs-tells-judge-hes-getting-wiser/ Wed, 11 May 2022 02:01:00 +0000 https://darkholmekeep.net/hmp-bullingdon-prisoner-caught-on-drugs-tells-judge-hes-getting-wiser/ A world-weary offender caught entering prison with a phone and cannabis stashed ‘on him’ hopes an honest life will begin at 40. Simon Maclellan, 40, told Judge Nigel Daly he was tired of going back and forth in jail. The candid scammer, who has 74 offenses to his name, said via video link from HMP […]]]>

A world-weary offender caught entering prison with a phone and cannabis stashed ‘on him’ hopes an honest life will begin at 40.

Simon Maclellan, 40, told Judge Nigel Daly he was tired of going back and forth in jail.

The candid scammer, who has 74 offenses to his name, said via video link from HMP Bullingdon: ‘I’ve done a lot of stupid things in my past. Some of which [were] sheer stupidity.

“There’s no real reason why most of the time I did it, but I will say this; since you get older – at 40 – you realize that the older you get, the shorter your life and the wiser you become.

“I’ve made stupid mistakes in my life. I will not return to prison and I will not be arrested again. I had enough.”

READ MORE: Alleged prison smuggler did not appear in court ‘because he was under surveillance’

Maclellan said when he was last in Oxfordshire prison he asked for help and rehabilitation programs. But he added: “They can’t help me. There is no rehabilitation. »

Judge Daly was told by Maclellan that he does not make promises lightly. “But I will promise you this: you will never see my face again.”

Earlier, prosecutor Christopher Pembridge told the court Maclellan was searched as he entered HMP Bullingdon as an inmate on November 16, 2020.

A small Nokia mobile phone and 11.2g of cannabis were found inside an orifice, euphemistically described by Mr Pembridge as “on his person”.

READ MORE: ‘The keys to the prison door are in your hands’

Maclellan had previously denied the offenses and the case was scheduled for trial. A jury was sworn in in an abortive trial in March, but the case was derailed by the coronavirus.

Appearing via video link on Monday, Maclellan, of Redlands Lane, Fareham, changed his pleas to the two charges of bringing contraband into jail from not guilty to guilty.

Although he seemed to cast doubt on whether or not the items were found on him, he told the judge: ‘I just want to be guilty. I go guilty, I am guilty. The judge warned him that he should only plead guilty if he admitted he was guilty.

Sentencing him to eight months’ imprisonment, Judge Daly said: ‘Cannabis in prison can cause a lot of problems for prison staff in matters of discipline etc.

“Similarly, mobile phones can also cause problems because they can also be used as bargaining chips in prison and they cause problems with prison discipline.

“You’re clearly not going through a very easy time in your life.”

Keep up to date with all the latest news on our website or follow us on Facebook, Twitter and instagram

To receive updates straight to your inbox, sign up for our newsletter here

Do you have a story for us? Contact our press office at news@nqo.com or 01865 425 445.

]]>
Sick inmates put their lives at risk in overcrowded prisons https://darkholmekeep.net/sick-inmates-put-their-lives-at-risk-in-overcrowded-prisons/ Mon, 09 May 2022 00:46:40 +0000 https://darkholmekeep.net/sick-inmates-put-their-lives-at-risk-in-overcrowded-prisons/ LAHORE: Inmates in the 42 overcrowded prisons in Punjab are vulnerable to a possible outbreak/epidemic of AIDS, Hepatitis B and C. It comes from an official report which reveals that 1,445 prisoners have been diagnosed with multiple illnesses amid shortage of treatment facilities in Punjab’s 42 prisons. He says treatment facilities are not up to […]]]>

LAHORE: Inmates in the 42 overcrowded prisons in Punjab are vulnerable to a possible outbreak/epidemic of AIDS, Hepatitis B and C.

It comes from an official report which reveals that 1,445 prisoners have been diagnosed with multiple illnesses amid shortage of treatment facilities in Punjab’s 42 prisons. He says treatment facilities are not up to par for prisoners with infectious diseases due to overcrowding and unavailability of doctors.

An official said prisons have become high-risk places for the transmission of contagious diseases, which creates a huge challenge in managing the outbreak of infectious diseases. Currently, he says, of the 40 doctors, 30 have recently joined while other seats are vacant.

The official said most doctors avoid assignments in prisons and get transferred out of prisons because of the difficult task. He further says it is also a difficult task for doctors to provide “comprehensive treatment” to prisoners as many of those diagnosed with infections are kept in the barracks with the other inmates.

A number of captives are suffering from AIDS, Hepatitis in Punjab

Overcrowding has also been a challenge as the province’s 42 prisons house three times as many people as accommodation. The report indicates that the prisons house 272 prisoners with HIV/AIDS, 517 with hepatitis C, 137 with hepatitis B and 460 prisoners with diabetes mellitus.

Similarly, 59 inmates are mentally handicapped and among them, 12 were admitted to the Punjab Institute of Mental Health (PIMH) on the recommendations of doctors.

A major threat to prison inmates are drug addicts, who outnumber others. Many of them use intravenous drugs, the report says.

Data shows that 32 prisons in Punjab house 272 inmates with HIV (human immunodeficiency virus), a seemingly incurable disease. The presence of such large numbers of HIV/AIDS patients in prisons has triggered major alarm.

According to medical experts, once a person contracts HIV, they have to live with HIV all their life and if HIV is left untreated, it can lead to AIDS (acquired immunodeficiency syndrome).

Of the 272 HIV-AIDS patients reported, most (204) are prisoners on trial (UTP) and 64 sentenced prisoners (CTP), according to the report.

Of the total inmates, 92 HIV positive inmates are in four prisons in Rawalpindi region, including 68 in Rawalpindi Central Jail, three in Attock District Jail, 11 in Gujrat District Jail, eight in Jhelum district prison and two in Mandi Bahauddin district prison. .

The Lahore region has seven prisons where 61 patients suffer from HIV-AIDS. Among them, 32 prisoners are in Gujranwala district jail, six in Lahore central jail, three in Kasur district jail, seven in Lahore district jail, five in Sheikhpura district jails and in Sialkot and three in Narowal District Jail.

Prisons in Faisalabad area house 43 HIV/AIDS patients – 20 in Faisalabad Central Jail, 10 in Jhang District Jail, seven in Faisalabad District Jail and six in Toba District Jail Tek Singh, according to official figures.

As for the Sahiwal region, the file shows that 23 prisoners were diagnosed with HIV/AIDS infection. There are nine at Sahiwal Central Jail, eight at Pakpattan District Jail, five at Okara and one patient is reported at Vehari District Jail.

Out of 21 such prisoners reported in five jails in Sargodha region, seven are in Hafizabad district jail, six in Sargodha, five in Mianwali central jail, two in Bhakkar and one patient in Hafizabad district jail. Shahpur.

Similarly, 16 inmates with HIV/AIDS are reported in two prisons in Multan region, 11 inmates in the prisons in Bahawalpur region and five in the three prisons in DG Khan region.

Most prisoners are transported from prisons to courts in the pending cases filed against them, which creates an additional risk of transmitting the infection to others.

Similarly, 24 prisons in the province house 137 prisoners suffering from hepatitis B, another chronic infection that spreads quickly to others.

The report further shares an alarming number of prisoners suffering from Hepatitis C. It states that 517 prisoners tested positive for Hepatitis C in 33 prisons in Punjab.

Of the 460 prisoners diagnosed with diabetes in Punjab jails, many need insulin treatment to avoid health complications.

An official, Dr. Sibtain Mazhar, told Dawn that all possible measures were being taken to ensure treatment for prisoners suffering from illnesses. He said that the Punjab prison department has engaged the primary and secondary health care department for the treatment through its various programs.

“We also try to ensure the presence of doctors in the prisons to provide uninterrupted treatment to prisoners,” he said.

Posted in Dawn, May 9, 2022

]]>
Former Arizona prisons warden charged in gunfight with police https://darkholmekeep.net/former-arizona-prisons-warden-charged-in-gunfight-with-police/ Fri, 06 May 2022 23:58:17 +0000 https://darkholmekeep.net/former-arizona-prisons-warden-charged-in-gunfight-with-police/ The Maricopa County District Attorney’s Office announced on Friday that a grand jury has indicted former Arizona Director of Corrections Charles Ryan with two felonies after officials said he pointed his gun at police in an armed confrontation at his home in Tempe in January. In a statement, County Attorney Rachel Mitchell said Ryan was […]]]>

The Maricopa County District Attorney’s Office announced on Friday that a grand jury has indicted former Arizona Director of Corrections Charles Ryan with two felonies after officials said he pointed his gun at police in an armed confrontation at his home in Tempe in January.

In a statement, County Attorney Rachel Mitchell said Ryan was charged with one count of disorderly conduct involving weapons, a class 6 dangerous offense and one count of unlawfully discharging a weapon. , also a class 6 dangerous offence.

“As a prosecutor for 30 years, I understand the importance of focusing on the facts and evidence of each individual case when making charging decisions,” Mitchell said. “A thorough review of this case has been conducted by experienced prosecutors in this office. I want to assure this community that a person’s profession, race, age or other such factors do not influence the charges sought by this office.”

The charges are less severe than those recommended by the Tempe Police Department: two counts of aggravated assault of a peace officer and one count of unlawfully discharging a firearm.

Incident details: Former prisons warden drank before Tempe gunfight, report says

Seven homes surrounding Ryan’s home were evacuated during the incident on the evening of January 6. A tactical armored vehicle, SWAT team, negotiators and a robot were used by police in the standoff. Officers responding to the incident said they feared for their lives after they said Ryan pointed a handgun at them and refused to drop the gun.

Ryan was taken to hospital for treatment for a self-inflicted wound and an injury sustained when Tempe police shot him with a less-lethal bean bag, police said.

He was never imprisoned.

Lawyer’s response: Public defenders call Tempe police’s treatment of former director of corrections ‘outrageous’ disparity

This story is growing, please check back for updates.

Got a timely tip about Arizona prisons? Contact the reporter at jjenkins@arizonarepublic.com or 812-243-5582. Follow him on Twitter @JimmyJenkins.

Support local journalism. Subscribe to azcentral.com today.

This article originally appeared on Arizona Republic: Former Jail Chief Charles Ryan Charged In Standoff With Tempe Police

]]>
Badal demands unity of Sikh religious bodies for the release of Sikh prisoners https://darkholmekeep.net/badal-demands-unity-of-sikh-religious-bodies-for-the-release-of-sikh-prisoners/ Wed, 04 May 2022 13:03:41 +0000 https://darkholmekeep.net/badal-demands-unity-of-sikh-religious-bodies-for-the-release-of-sikh-prisoners/ Shiromani Akali Dal (SAD) Chairman Sukhbir Singh Badal on Wednesday called on all panthic (Sikh religious) organizations to unite on a common platform to create a movement to secure the release of ‘bandi-Sikhs’ (Sikh prisoners) “who languish”. in prison even after the expiration of their life sentence”.Addressing a press conference, the SAD Chairman called on […]]]>

Shiromani Akali Dal (SAD) Chairman Sukhbir Singh Badal on Wednesday called on all panthic (Sikh religious) organizations to unite on a common platform to create a movement to secure the release of ‘bandi-Sikhs’ (Sikh prisoners) “who languish”. in prison even after the expiration of their life sentence”.
Addressing a press conference, the SAD Chairman called on Shiromani Committee Chairman Gurdwara Parbandhak (SGPC) to take the lead and convene a meeting of panthic organizations to devise a common strategy to meet the demand of the Punjabis around the world to release Sikh prisoners on humanitarian grounds. .
“We may have individual and political differences, but let’s put them aside for the cause of the Bandi-Sikhs,” he said a few days after asking for the release of Balwant Singh Rajoana, who is sentenced in the assassination case of former Punjab Chief Minister Beant Singh and Devinderpal S Bhullar, who was convicted of the Delhi bomb blast in 1993.
The SAD leader said the coordinated approach would be taken in consultation with all panthic organizations and parties as well as Singh Sabhas and the Sant Samaj, Badal said this could include leading a delegation to the Prime Minister to ensure the speedy release of Sikh prisoners.
He also thanked Sri Akal Takth jathedar Giani Harpreet Singh for taking the initiative in this direction by setting the tone for panthic unity on this crucial issue which concerned the feelings of Sikhs all over the world.
Stating that the release of the “bandi-Sikhs” was a long pending issue and that the entire Khalsa panth as well as the Punjabis in general were saddened by the delay in releasing them, Sukhbir Badal said that about 50 prisoners Sikhs were being held in various prisons across the country and they should all be released immediately.
The SAD President also expressed deep concern over the manner in which attempts were being made to vitiate communal harmony through irresponsible statements by AAP leaders. He said that immediately after the Patiala eruption, AAP MP Raghav Chadha claimed it was the result of a clash between BJP and SAD.
“The same statement was corroborated by Delhi Chief Minister Arvind Kejriwal and later Punjab Chief Minister Bhagwant Mann. This has undermined the authority of the Chief Minister and clearly shows that the Punjab government is run from Delhi,” he added. Badal said the AAP should not try to inflame communal feelings in Punjab and the Chief Minister should ensure that the rule of law is upheld in the state.
Ends

]]>
Tennessee suspends executions for review after prisoner’s last-minute stay | Capital punishment https://darkholmekeep.net/tennessee-suspends-executions-for-review-after-prisoners-last-minute-stay-capital-punishment/ Mon, 02 May 2022 13:57:00 +0000 https://darkholmekeep.net/tennessee-suspends-executions-for-review-after-prisoners-last-minute-stay-capital-punishment/ Tennessee is suspending executions to allow an independent review of its lethal injection procedures after a test oversight forced the state to reverse the execution of Oscar Smith an hour before his death this month, said Republican Gov. Bill Lee on Monday. Ed Standon, a former U.S. attorney, will review the circumstances surrounding lethal injection […]]]>

Tennessee is suspending executions to allow an independent review of its lethal injection procedures after a test oversight forced the state to reverse the execution of Oscar Smith an hour before his death this month, said Republican Gov. Bill Lee on Monday.

Ed Standon, a former U.S. attorney, will review the circumstances surrounding lethal injection chemical testing, the clarity of the lethal injection process manual, and considerations for Tennessee Department of Corrections personnel, Lee said.

“I review every death penalty case and believe it is an appropriate punishment for heinous crimes,” Lee said. “However, the death penalty is an extremely serious matter, and I expect the Tennessee Department of Corrections to leave no doubt that procedures are being followed correctly.”

His statement says the pause will remain in effect until the end of the year to allow time for review and corrective action.

Lee did not explain exactly why Smith’s execution was delayed. He released a brief statement April 21 at 5:42 p.m. stating that “Due to an oversight in the preparation for the lethal injection, the scheduled execution of Oscar Smith will not take place tonight. I’m granting a temporary reprieve while we go to the Tennessee Department of Corrections Protocol.

Officials initially said Lee would release more details last week, but then said more information would be released on Monday. Smith’s attorneys last week called for a moratorium on executions and a review of state execution protocols.

“Governor Lee’s decision to suspend executions pending an independent review of Tennessee’s lethal injection protocol shows great leadership,” said Kelley Henry, a federal public defender.

“The use of compounded drugs as part of a lethal injection carries many risks. Failure to test for endotoxins is a violation of protocol. Governor Lee did the right thing by stopping executions because of of this breach.

Although lethal injection has been adopted as a humane alternative to the electric chair, it has been the subject of constant problems and lawsuits.

Tennessee uses a series of three drugs to put inmates to death: midazolam, a sedative to render the inmate unconscious; vecuronium bromide, to paralyze the prisoner; and potassium chloride, to stop the heart.

Authorities said the inmates were unconscious and unable to feel pain. Expert inmate witnesses said inmates would feel like they were drowning, suffocating and being burned to death, while being unable to move or call.

Of the seven inmates Tennessee has put to death since 2018, when it ended a hiatus from executions dating back to 2009, five have chosen to die in the electric chair.

Smith refused to make a choice, which meant he was to be executed by the state’s preferred method of lethal injection.

Smith was sentenced to death for fatally stabbing and shooting his estranged wife, Judith Smith, and her teenage sons, Jason and Chad Burnett, at their Nashville home on October 1, 1989.

At 72, Smith is the oldest inmate on Tennessee’s death row. His stay expires on June 1, after which the state Supreme Court will set a new execution date.

]]>
A prisoner has the right to request permission to leave even if he is not eligible for a reduced sentence: Supreme Court https://darkholmekeep.net/a-prisoner-has-the-right-to-request-permission-to-leave-even-if-he-is-not-eligible-for-a-reduced-sentence-supreme-court/ Sat, 30 Apr 2022 03:18:04 +0000 https://darkholmekeep.net/a-prisoner-has-the-right-to-request-permission-to-leave-even-if-he-is-not-eligible-for-a-reduced-sentence-supreme-court/ The Supreme Court observed that eligibility for remission is not a prerequisite for obtaining leave. The entire furlough scheme is based on the reform approach and as an incentive to maintain good conduct, observed the bench consisting of Justices Dinesh Maheshwari and Aniruddha Bose. Background Director General of Prisons, Prison Headquarters, Tihar refused a prisoner‘s […]]]>

The Supreme Court observed that eligibility for remission is not a prerequisite for obtaining leave.

The entire furlough scheme is based on the reform approach and as an incentive to maintain good conduct, observed the bench consisting of Justices Dinesh Maheshwari and Aniruddha Bose.

Background

Director General of Prisons, Prison Headquarters, Tihar refused a prisoner‘s (sentenced for several murders) plea for leave. Previously, the President of India, on a pardon petition filed by him, changed the death penalty to life imprisonment. But in said order, it was stipulated that he would remain in prison “for the remainder of his natural life without the possibility of parole and that there would be no remission of the prison sentence”. One of the reasons for denial of leave is the above clause in the President’s Order. Another ground given was that the prisoner did not meet the criteria mentioned in Section 1223 (I) of the Delhi Prison Rules 2018 as the convict had not obtained the last three annual good behavior reports. Disputing this, the prisoner approached the High Court, which dismissed the motion for an injunction. The High Court, referring to a judgment in WP (Crl.) No. 682 of 2019: Chandra Kant Jha v. State of Delhi NCT, concluded that he was not entitled to apply for leave because he was not entitled to a discount of any kind. .

Conflicts

At the Apex Court, the prisoner-appellant argued that furlough is an obvious consequence of a prisoner maintaining good behavior in prison; and can only be denied him on the ground that he must remain in prison for the rest of his natural life, which in any case he would serve. In other words, the argument raised was that eligibility for the grant of remission is irrelevant for the purposes of considering a prisoner’s case for the grant of leave. Release. On the other hand, the respondent maintained that the appellant has no absolute legal right to claim leave; and in the present case, where the discount for good behavior is not available, the leave would not be available to the appellant.

The right to request leave is forfeited

Referring to the relevant provisions of the Delhi Prisons Act 2000, the court disagreed with the opinion of the High Court and the order of the Chief Prisons Officer that once the President of India would have ensured that the appellant would remain in prison for the duration of the recall of his natural life without parole and without remission in the sentence of imprisonment, all his other rights, in particular those arising from good conduct penitentiary, as provided for by the 2018 Rules, are time-barred.

“Where the leave is an incentive for good behavior in prison, even if the person otherwise obtains no remission and must remain in prison for the entire recall of his natural life, this does not mean, as a corollary, that his right to ask for leave is foreclosed Even if he would spend some time on leave, it would not help him to ask for forgiveness because he must remain in prison for the rest of his life. natural.

..Unlike conditional release, on leave, the inmate is deemed to be serving his sentence to the extent that the period of leave is not reduced in relation to the actual length of the sentence. And, driving is mainly decisive for the right to leave. Thus, even if the appellant were on leave, he would be deemed to serve his sentence forever”

The entire leave scheme is based on the reform approach and as an incentive to maintain good behavior

The court noted that the presidential order prohibits parole as well as remission, but there is no mention of the leave entitlement treatment. The bench noted that in Chandra Kant Jha, the High Court was of the view that since the convict in question would not get a remission, he would not be entitled to leave. Disagreeing with said view, he observed:

If one examines closely the decision in the Chandra Kant Jha case (supra), it appears that the observations of this Court in the Asfaq case (supra) to the effect that “permission is granted as a remission for good conduct” were taken by the High Court as determinative of the case and leading to the conclusion that leave is only available if postponement is available. With respect, we cannot agree with this reasoning of the High Court. The Court’s observations at paragraph 14 on the Asfaq judgment (supra) cannot be read in isolation and cannot be interpreted to mean that obtaining a remission of sentence is a precondition for obtaining leave . The entire leave system is based on the reform approach and as an incentive to maintain good conduct. Further, the reference to the Constitutional Court’s decision in V. Sriharan (supra) by the High Court regarding the types of surrender and the operation of Section 432 CrPC, again, does not apply to the question of the granting of leave in this case.

Removing an incentive/motivation for good behavior would not only be counterproductive

The tribunal observed that depriving the concession even of a leave and thereby removing an incentive/motivation for good behavior would not only be counterproductive, but would be antithetical to the reformative approach otherwise prevailing in the regime of the 2018 rules. Allowing the appeal, the court observed as follows:

“Even if an inmate like the appellant gets no remission and must serve his term of imprisonment throughout his natural life, neither the requirements of his good behavior are reduced nor the reformative approach and the incitement to good behavior. Thus, if he maintains good behavior, temporary absence cannot be refused outright. In the appellant’s case, he is a person convicted of multiple murders Therefore, the requirement of Rule 1225 of the 2018 Regulations may come into effect, however, it cannot be said that his case would never be considered for leave. the parameters set out therein is a matter for review by the authorities in accordance with the law.The Appellant in the orders challenged, we would leave the Appellant’s case for the grant of leave open for consideration by the relevant authorities in accordance with to the law.”

Case details

Atbir vs Delhi NCT State | 2022 LiveLaw (SC) 427 | CrA 714 FROM 2022 | April 29, 2022

Coram: Judges Dinesh Maheshwari and Aniruddha Bose

Counsel: Adv Neha Kapoor for the Appellant, ASG SV Raju for the Respondent

Summaries

Delhi Prisons Act, 2000; 2(h) – Delhi Prison Rules, 2018; Rule 1222-1223- Obtaining a remission is not a prerequisite for obtaining a temporary absence – Even if a prisoner should not benefit from any remission and must serve his prison sentence Throughout his natural life, neither the demands of his good conduct are reduced nor the reforming approach and the incentive to good conduct cease to exist in his relationship. Thus, if he maintains good behavior, the leave cannot be systematically denied – To deprive even the concession of the leave and thus remove an incentive/motivation for good behavior would not only be counterproductive but would be an antithesis to the reformist approach otherwise going through the 2018 Rules scheme (paragraphs 14-15)

Delhi Prison Rules, 2018; Rule 1223- The eligibility condition for obtaining leave is “3 annual good conduct reports” and not “3 annual good conduct reports”. The expressions employed in clause (I) of Rule 1223 of the 2018 Regulations are that the inmate must maintain “good conduct in the prison and must have merited awards in the last 3 annual good conduct reports” and further that he must continue to “maintain good conduct”. Even these expressions cannot be interpreted to mean that the prisoner must earn “remissions for good behavior” – It cannot be said that earning awards is equivalent to earning remissions. (Paragraph 12)

Click here to read/download the judgment

]]>
Navy veteran Trevor Reed released from Russia in US prisoner exchange : NPR https://darkholmekeep.net/navy-veteran-trevor-reed-released-from-russia-in-us-prisoner-exchange-npr/ Wed, 27 Apr 2022 13:19:04 +0000 https://darkholmekeep.net/navy-veteran-trevor-reed-released-from-russia-in-us-prisoner-exchange-npr/ Joey Reed, the father of former U.S. Marine Trevor Reed, stands next to a sign of his son during a press conference outside the U.S. Capitol in Washington, DC on July 29, 2021. Jim Watson/AFP via Getty Images hide caption toggle caption Jim Watson/AFP via Getty Images Joey Reed, the father of former U.S. Marine […]]]>

Joey Reed, the father of former U.S. Marine Trevor Reed, stands next to a sign of his son during a press conference outside the U.S. Capitol in Washington, DC on July 29, 2021.

Jim Watson/AFP via Getty Images


hide caption

toggle caption

Jim Watson/AFP via Getty Images


Joey Reed, the father of former U.S. Marine Trevor Reed, stands next to a sign of his son during a press conference outside the U.S. Capitol in Washington, DC on July 29, 2021.

Jim Watson/AFP via Getty Images

The Biden administration and Trevor Reed’s family say the US Navy veteran is safely out of Russian prison and on his way back to the United States. The decision follows years of advocacy by his family and recent reports that his health was rapidly declining.

The Russian Foreign Ministry said Reed was swapped for imprisoned pilot Konstantin Yaroshenko in a prisoner exchange that took place in an unspecified European country. Yaroshenko was sentenced in 2011 to 20 years in prison for conspiring to import more than $100 million worth of cocaine into the United States.

“Today we welcome Trevor Reed home and celebrate his return to his much missed family. Trevor, a former U.S. Marine, is released from Russian custody,” Biden said in a statement. “I heard in the voices of Trevor’s parents how worried they were for his health and how much they missed his presence. And I was thrilled to be able to share with them the good news about Trevor’s freedom.”

Biden said, “The negotiations that allowed us to bring Trevor home involved tough decisions that I don’t take lightly.” He did not specify.

Reed was arrested during a trip to the country in 2019 and charged with assaulting a Moscow police officer. He was sentenced in 2020 to nine years in prison. He says he does not remember the events of that night because he was drunk and his family accused Russian officials of fabricating the accusation. John Sullivan, the US ambassador to Russia, said the alleged crime “obviously did not happen” and called his trial “a theater of the absurd”.

The 30-year-old had recently made headlines for leading a second hunger strike in prison to protest his treatment by Russian authorities, saying he was not being treated for symptoms of a possible tuberculosis and that he had instead been placed in solitary confinement. His parents, Joey and Paula Reed, staged a protest outside the White House last month to raise awareness of his situation and (successfully) push for an in-person meeting with Biden.

A Russian court decided to delay Reed’s appeal during a hearing earlier this month, and he was expected to remain in jail as the appeal was sent to a lower court.

In an unexpected but welcome turn of events, the family announced Wednesday that Reed had been released after being wrongfully detained for 985 days.

“While we understand the value of Trevor’s story – and when he’s ready he’ll tell his own story – we respectfully ask for some privacy as we address the myriad health issues brought on by the squalid conditions he was subjected to in his Russian gulag,” they added.

In a statement shared through their spokesperson, the Reeds thanked a slew of local and federal elected officials and diplomatic personnel for standing up for their son and helping secure his release. They specifically credited Biden with “making the decision to bring Trevor home,” saying the decision may have saved his life.

As the Biden administration and Reed’s family celebrate his release, they are also drawing attention to the plight of other Americans detained in Russia. These include Paul Whelan, who was arrested in Moscow in 2018 for spying, and WNBA star Brittney Griner.

“We welcome this important release, while continuing to call for the release of wrongfully detained US citizen Paul Whelan,” US Secretary of State Antony Blinken said in a statement. “We also remain committed to securing the freedom of all U.S. nationals wrongfully detained abroad.”

Reed’s family said they support the families of Whelan and all other wrongfully detained Americans “who are still waiting for their own moment of release” and pledged to continue to defend their freedom.

Biden called Reed’s return a testament to the priority his administration has placed on repatriating Americans held hostage overseas.

“We won’t stop until Paul Whelan and others join Trevor in the loving arms of his family and friends,” he added.

This story originally appeared in the morning edition live blog.

]]>