A death in custody is a death of a person in the
custody of the
police
The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
or other authorities or while in
prison
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
. In the 21st century, death in custody remains a controversial subject, with the authorities often being accused of abuse, neglect and cover-ups of the causes of these deaths.
By country
Algeria
Argentina
Australia
In Australia, deaths in custody automatically trigger an
inquest
An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a cor ...
.
Bangladesh
At least 32 people have died in "
Operation Clean Heart
Operation Clean Heart was an anti-crime operation jointly carried out by Bangladesh Army, Bangladesh Navy, Bangladesh Rifles, Bangladesh Police and Bangladesh Ansar members in Bangladesh. The operation was carried by the government of Bangla ...
" by the government of Bangladesh.
Burma
Chad
China
Congo
Cuba
Egypt
Germany
*
Oury Jalloh
*
Rosa Luxemburg
Rosa Luxemburg ( ; ; ; born Rozalia Luksenburg; 5 March 1871 – 15 January 1919) was a Polish and naturalised-German revolutionary and Marxist theorist. She was a key figure of the socialist movements in Poland and Germany in the early 20t ...
India
In the
financial year
A fiscal year (also known as a financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. La ...
2021–22, the
National Human Rights Commission
A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights.
The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
reported 2152 deaths in
judicial custody and 155 deaths in
police custody Police custody may refer to:
* Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken in ...
.
Indonesia
Iran
Ireland
Italy
Jamaica
"At least 650 people have been killed by police officers in Jamaica since 1999. Many of these have been blatantly unlawful killings, yet not one officer has been convicted since then."
Piers Bannister,
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
's Jamaica researcher.
Japan
Laos
Libya
Malaysia
*
Kugan Ananthan
*
Teoh Beng Hock
*
Gunasegaran Rajasundram
Mexico
Morocco
The Netherlands
On the 27th of June 2015,
Mitch Henriquez was arrested at the
Malieveld in
The Hague
The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
after he claimed to have a weapon. During the arrest he suffocated due to the chokehold of two police officers. They were put on trial and served sentences for manslaughter. After his death, there were several weeks of riots throughout the
Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
.
North Korea
Norway
About 40 people have died in police custody over a period of 20 years following 1990. Additionally there's been 45 suicides in custody over a 10-year period from 2008.
Pakistan
Russia
See
Sergei Magnitsky
Sergei Leonidovich Magnitsky (, ; ; 8 April 1972 – 16 November 2009) was a Russian tax advisor responsible for exposing corruption and misconduct by Russian government officials while representing client Hermitage Capital Management. His ...
;
Salman Raduyev;
Maxim Martsinkevich.
Saudi Arabia
Somalia
South Africa
South Africa has an unusually high level of deaths in custody. For example, in April to June 1997, there were 56 deaths in custody.
*
Neil Aggett
*
Richard Turner
*
Steve Biko
Bantu Stephen Biko Order for Meritorious Service, OMSG (18 December 1946 – 12 September 1977) was a South African internal resistance to apartheid, anti-apartheid activist. Ideologically an African nationalism, African nationalist and ...
Sudan
Syria
Turkey
UAE
United Kingdom
United States
Definition of custody
The term "in custody" has been debated in both ''California v. Beheler''
(in regards to what constitutes custody in the requirement to read
Miranda rights
In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection ...
) but also in other federal court cases related to Miranda law and definition of custody. Although
Miranda law has roughly defined custody as the "formal arrest or restraint on freedom of movement,"
colloquial language may be less restrictive in the use of custody and is thus sometimes difficult to distinguish from the process of
arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
. In addition to collecting data on those who have died in custody, the
Bureau of Justice Statistics
The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of c ...
also tracks all deaths related to arrest. This aids in collecting data from the fringes of custody or attempts to arrest an individual.
Causes of death
The causes for death in police custody may range from suspected
homicide
Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidenta ...
by members of the police, killings by other inmates, death due to
psychological
Psychology is the scientific study of mind and behavior. Its subject matter includes the behavior of humans and nonhumans, both consciousness, conscious and Unconscious mind, unconscious phenomena, and mental processes such as thoughts, feel ...
or
physical abuse
Physical abuse is any intentional act causing injury or trauma to another person or animal by way of bodily contact. In most cases, children are the victims of physical abuse, but adults can also be victims, as in cases of domestic violence or ...
,
capital punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
, to
suicide
Suicide is the act of intentionally causing one's own death.
Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...
, accidental death, or
natural causes
In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distinc ...
.
The
United States Bureau of Justice Statistics
The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of c ...
collects data regarding both the cause of death, as well as medical and criminal records of those that die in police custody (restricted to those in federal prison and local jails).
Estimates
The
Bureau of Justice Statistics
The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of c ...
estimates that 17,358 individuals in custody died during the period from 2007 to 2010. Other publications focus on the rate per 100,000. US jails report deaths that total a
mortality rate
Mortality rate, or death rate, is a measure of the number of deaths (in general, or due to a specific cause) in a particular Statistical population, population, scaled to the size of that population, per unit of time. Mortality rate is typically ...
of 128, and prisons at 264 per 100,000. There are differences in methodology used to obtain these statistics, as some jurisdictions include deaths during attempted arrests, while others do not.
Other research has focused on specific states, such as
Maryland
Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
and the rate of death by identity (gender, race, age).
Based on some findings, African-American males appear to be over-represented as victims of sudden custody deaths. Further research with larger sample sizes is necessary.
Watchdog organizations
The Marshall Project collects and produces reports on police killings as well as maintaining a curated list of links to articles and publications related to death in police custody in the United States.
Selected persons who have died in custody
*
Sandra Bland (woman found hanging in her
Waller County, Texas
Waller County is a county in the U.S. state of Texas. As of the 2020 census, its population was 56,794. Its county seat is Hempstead. The county was named for Edwin Waller, a signer of the Texas Declaration of Independence and first mayor ...
jail cell due to apparent suicide)
*
Henry "Peg" Gilbert, shot in police custody in 1947 in
Harris County, Georgia
Harris County is a county located in the west-central portion of the U.S. state of Georgia; its western border with the state of Alabama is formed by the Chattahoochee River. As of the 2020 census, the population was 34,668. The county seat ...
; the sheriff claimed self-defense, but Gilbert, a prosperous farmer, was found to have been severely beaten before being shot
*
Freddie Gray (suffered injuries while being transported by police in
Baltimore, Maryland
Baltimore is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland. With a population of 585,708 at the 2020 United States census, 2020 census and estimated at 568,271 in 2024, it is the List of United States ...
, that led to a coma and his death)
*
Stephen Kovacs (died by suicide in New Jersey prison cell)
*
Michael Tyree (a mentally ill inmate held in a California county jail was beaten to death by three guards, who were convicted in June 2017 of his death)
[CBS/Associated Press (AP), "3 Calif. jail guards found guilty in death of mentally ill inmate"](_blank)
CBS News, 01 June 2017; accessed 20 October 2018
*
Elliott Williams (died in his
Tulsa County, Oklahoma
Tulsa County is a county located in the U.S. state of Oklahoma. As of the 2020 census, the population was 669,279, making it the second-most populous county in the state, behind only Oklahoma County. Its county seat and largest city is Tulsa ...
jail cell due to complications from multiple injuries)
*
Missouri State Penitentiary riot (death of four inmates)
*
New Mexico State Penitentiary riot (33 inmate deaths and over 200 injuries)
*
Darren Rainey (scalded to death in shower at Dade Correctional Institution in 2012)
*
Jeffrey Epstein
Jeffrey Edward Epstein ( , ; January 20, 1953August 10, 2019) was an American financier and child sex offender. Born and raised in New York City, Epstein began his professional career as a teacher at the Dalton School, despite lacking a col ...
died August 10, 2019, at the
Metropolitan Correctional Center, New York due to alleged suicide, although this has been subject to
conspiracy theories
A conspiracy theory is an explanation for an event or situation that asserts the existence of a conspiracy (generally by powerful sinister groups, often political in motivation), when other explanations are more probable.Additional sources:
*
...
.
* Ruby Evans(blunt force trama)Lee Arrendale State Prison
Foreign custody by American agents (police, military, etc.)
= International custody law
=
There are numerous laws and international treaties regarding treatment of foreigners, especially during wartime, of which the
Geneva Convention
upright=1.15, The original document in single pages, 1864
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
is the most widely recognized and internationally ratified. It contains provisions that classify and define both prisoners of war (as well as civilians and the wounded or infirm) and the manner in which they are to be treated. These include but are not limited to: murder, mutilation, hostage taking, and outrages upon personal dignity.
These ratified documents are the base of US international custody law and can be seen to be misapplied in some of the proceeding cases.
= Examples of persons who have died in custody
=
*
Jamal Naseer (Afghan soldier allegedly beaten to death by US forces)
*
Nagem Hatab (Iraqi killed by elements and possible heart attack)
*
Manadel al-Jamadi (suspected terrorist tortured and killed)
Vietnam
Yemen
Zimbabwe
See also
*
Capital punishment in the United States
In the United States, capital punishment (also known as the death penalty) is a legal penalty in 27 states (of which two, Oregon and Wyoming, do not currently have any inmates sentenced to death), throughout the country at the federal leve ...
*
Detention
*
Infectious diseases within American prisons
Infectious diseases within American correctional settings are a concern within the public health sector. The corrections population is susceptible to infectious diseases through exposure to blood and other bodily fluids, drug injection, poor healt ...
*
Life imprisonment
Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
*
Prison overcrowding in the United States
*
Prisoner rights in the United States
All prisoners have the basic rights needed to survive and sustain a reasonable way of life. Most rights are taken away ostensibly so the prison system can maintain order, discipline, and security. Any of the following rights, given to prisoner ...
*
Private prison
A private prison, or for-profit prison, is a place where people are imprisoned by a third party that is contracted by a government agency. Private prison companies typically enter into contractual agreements with governments that commit pris ...
*
War on Drugs
*
Extrajudicial killing
An extrajudicial killing (also known as an extrajudicial execution or an extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, ...
*
List of prison deaths
A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but ...
*
Police brutality
Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or Public order policing, a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, b ...
*
Prisoner suicide
*
Capital punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
*
Institutional racism
Institutional racism, also known as systemic racism, is a form of institutional discrimination based on Race (human categorization), race or ethnic group and can include policies and practices that exist throughout a whole society or organizati ...
*
African-American family structure#Black male incarceration and mortality
*
:People who died in police custody
*
:People who died in prison custody
*
*
List of freedom indices
This article is a list of freedom indices produced by several non-governmental organizations that publish and maintain assessments of the state of freedom in the world, according to their own various definitions of the term, and rank countries u ...
References
{{Reflist
Custody
Imprisonment and detention