Political prisoner

Amnesty International (AI) campaigns for the release of prisoners of conscience, which include both political prisoners as well as those imprisoned for their religious or philosophical beliefs. To reduce controversy, and as a matter of principle, the organization's policy applies only to prisoners who have not committed or advocated violence. Thus, there are political prisoners who do not fit the narrower criteria for POCs.[2][1] The organisation defines the differences as follows:[4]

AI uses the term "political prisoner" broadly. It does not use it, as some others do, to imply that all such prisoners have a special status or should be released. It uses the term only to define a category of prisoners for whom AI demands a fair and prompt trial.

In AI's usage, the term includes any prisoner whose case has a significant political element: whether the motivation of the prisoner's acts, the acts in themselves, or the motivation of the authorities.

"Political" is used by AI to refer to aspects of human relations related to "politics": the mechanisms of society and civil order, the principles, organization, or conduct of government or public affairs, and the relation of all these to questions of language, ethnic origin, sex or religion, status or influence (among other factors).

The category of political prisoners embraces the category of prisoners of conscience, the only prisoners who AI demands should be immediately and unconditionally released, as well as people who resort to criminal violence for a political motive.

In AI's use of the term, here are some examples of political prisoners:

• a person accused or convicted of an ordinary crime carried out for political motives, such as murder or robbery carried out to support the objectives of an opposition group;
• a person accused or convicted of an ordinary crime committed in a political context, such as at a demonstration by a trade union or a peasants' organization;
• a member or suspected member of an armed opposition group who has been charged with treason or "subversion".

Governments often say they have no political prisoners, only prisoners held under the normal criminal law. AI however describes cases like the examples given above as "political" and uses the terms "political trial" and "political imprisonment" when referring to them. But by doing so AI does not oppose the imprisonment, except where it further maintains that the prisoner is a prisoner of conscience, or condemn the trial, except where it concludes that it was unfair.

The Parliamentary Assembly of the Council of Europe has the following definition:

A person deprived of their personal liberty is to be regarded as a 'political prisoner':

1. if the detention has been imposed in violation of one of the fundamental guarantees set out in the European Convention on Human Rights and its Protocols, in particular freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association;
2. if the detention has been imposed for purely political reasons without connection to any offence;
3. if, for political motives, the length of the detention or its conditions are clearly out of proportion to the offence the person has been found guilty of or is suspected of;
4. if, for political motives, he or she is detained in a discriminatory manner as compared to other persons; or,
5. if the detention is the result of proceedings which were clearly unfair and this appears to be connected with political motives of the authorities.[5]

Burmese Assistance Association for Political Prisoners defines a political prisoner as "anyone who is arrested because of [their] perceived or real involvement in or supporting role in opposition movements with peaceful or resistance means."[6]

The US Congressional-Executive Commission on China defines a political prisoner broadly as any individual who is detained for exercising “[their] human rights under international law, such as peaceable assembly, freedom of religion, freedom of association, free expression including the freedom to advocate peaceable social or political change, and to criticize government policy or government officials.”.[1]

Christoph Valentin Steinert, who in 2020 reviewed 366 definitions of political prisoners used in (mainly English language) academic literature in 1956 and 2019, argued that any definition of political prisoner needs to avoid focusing on prisoners' individual motivations and the term "should be exclusively reserved for victims of politically biased trials" (in other words, "victims of state repression"), to avoid delegitimizing the term by diluting it with applications to prisoners of any possibly politically motivated action (which on extreme end of spectrum would include, for example, Ku Klux Klanners, neo-Nazis, and jihadist terrorists). He specifically criticizes definitions of political prisoners as "individuals imprisoned for politically motivated actions" or "committing a political offense". He proposed the following definition:[2]

Political prisoners are defined as individuals that are convicted and incarcerated in politically biased trials (or executive decisions in absence of any trials). Trials are deemed politically biased if they are endorsed by the government and (a) lack a domestic legal basis, (b) violate principles of procedural justice, or (c) violate universal human rights.[2]

Steinert noted that his definition does extend to prisoners "imprisoned for nonpolitical identities such as their religious beliefs or their sexual orientations", as well as individuals engaged in violent actions, arguing that the neutral "classification as a political prisoner neither entails an a priori judgment about the moral legitimacy of prisoners' actions nor does it imply that individuals committed politically motivated crimes".[2]

The purpose of political prisons and of imprisoning dissidents is to demonstrate the strength of the regime to the dissidents. The regime's opponents are isolated and stigmatised, frequently abused and tortured. The goal of such treatment is not just punish those opposing the regime, but to frighten those who consider opposing the regime by demonstrating the power of the regime by sending a clear warning that objecting is not tolerated, and that the regime is well prepared and ready to punish the objectors through creation of total institutions dedicated to hosting political prisoners.[3][7]

The status of a political prisoner is conferred to one only after their detention. Before that, potential political prisoners may be considered "dissidents, revolutionaries, social reformers, or radical thinkers". The nature of the behavior that leads to political imprisonment is hard to define and can be roughly described as any "activity deemed questionable by ruling elites".[1] Therefore, political prisoners are officially detained and sentenced for multitude of different transgressions, instead of for a single well defined crime.[1] Political prisoners are frequently arrested and tried with a veneer of legality where false criminal charges, manufactured evidence, and unfair trials (kangaroo courts, show trials) are used to disguise the fact that an individual is a political prisoner.[2] For example, AAPP states that "the motivation behind the arrest of every individual in AAPP's database is political, regardless of the laws they have been sentenced under".[6] This is common in situations which may otherwise be decried nationally and internationally as a human rights violation or suppression of a political dissident, and Steinert notes that "objective evidence about politically biased imprisonments is chronically sparse considering that governments face substantial incentives to hide repressive practices".[2] In fact, all governments habitually deny accusations that they imprison any individuals for political activities.[1]

A political prisoner can also be someone that has been denied bail unfairly, denied parole when it would reasonably have been given to a prisoner charged with a comparable crime, or special powers may be invoked by the judiciary. Particularly in this latter situation, whether an individual is regarded as a political prisoner may depend upon subjective political perspective or interpretation of the evidence. Political prisoners can also be imprisoned with no legal veneer by extrajudicial processes or through executive decisions in absence of any trials[2] or even charges.[1] Some political prisoners need not be imprisoned at all, as they can be subject to prolonged pre-trial detainment instead. Steinert noted that technically, political detainees should be distinguished from political prisoners, but they are often grouped together, and in practical terms, he recommends treating them as special types of political prisoners.[2] Examples of such detainees can include individuals such as the former Nobel Peace Prize Laureate Aung San Suu Kyi, detained for many years without a trial.[2] Likewise, supporters of Tibetan spiritual leader Gedhun Choekyi Nyima in the 11th Panchen Lama controversy have called him a "political prisoner", despite the fact that he is not accused of a political offense. He is held under secluded house arrest.[8]

The status of a political prisoner can be significant, as such inmates can become the subjects of international advocacy and receive aid from various non-governmental organizations.[2] Criticism from the international public opinion has been shown to facilitate release of political detainees, or reduce their sentences, but is less effective in securing release of already-sentenced individuals.[9] When the status of a prisoner as political is well known, it can be seen as a form of status symbol, some political prisoners purposefully frame themselves as "the imprisoned martyrs and leaders of their movement", and this status can also be seen as "providing a guarantee of their security and of respect for their rights behind the bars".[3]

• In the Soviet Union, dubious psychiatric diagnoses were sometimes used to confine political prisoners in the so-called "psikhushkas".
• In Nazi Germany, socialists and communists were among the first victims of fascist repression, later groups like the "Night and Fog" prisoners and priests.
• In the United States, African-American activists such as the Wilmington Ten (which included Benjamin Chavis), have been wrongfully imprisoned.[11][12]
• Around 1000 British convicts sent to Australia in the 1700–1800s.[13]
• According to human rights groups there are some 60,000 political prisoners in Egypt.[14]
• In reaction to the failed coup attempt in Turkey on 15 July 2016, over 77,000 people have been formally arrested.[15]
• Many victims of the Cambodian genocide has been described as political prisoners.[1]

Nobel Peace Prize laureate Aung San Suu Kyi and her staff at her home in Yangon

Due to the lack of single, internationally recognized legal definition of a political prisoner, nongovernmental organizations like Amnesty International, aided by legal scholars, determine whether prisoners meet their criteria of political prisoners on a case-by-case basis.[1]

• Alváro Barreirinhas Cunhal, former pro-Soviet leader of the Portuguese Communist Party, he was imprisoned thrice (first in June 1937, then in 1940 and later from 1949 to 1960) for his staunch opposition to Portuguese dictatorship and for his political beliefs as well as his close ties to Soviet Russia. He famously escaped Peniche Fortress, one of the regime's political prisons, with ten other men on the third of January 1960.[16]
• Aung San Suu Kyi led the opposition National League for Democracy which was victorious in 1990 general election. She was imprisoned or under house arrest for 15 out of the 21 years from 1990 to 2010.[17] In 2021, she was imprisoned by the Myanmar military in a coup d'état. As of August 2022, she is being held in solitary confinement serving a 17-year sentence following a series of secret trials.[18]
• Benigno Aquino Jr. of the Philippines was imprisoned during the martial law in the Philippines because of his vocal opposition against then President Ferdinand Marcos.
• Benazir Bhutto was a political prisoner for four years under General Zia ul Haq.[19]
• Dietrich Bonhoeffer was a German pastor, theologian, anti-Nazi dissident, being accused of being associated with the 20 July plot to assassinate Adolf Hitler.
• Rubin "Hurricane" Carter, African American boxer wrongfully imprisoned for 19 years in the US due to "an appeal to racism rather than reason".[20][21]
• Eugene Debs, leader of the Socialist Party of the United States, was imprisoned by the US government for his opposition to the First World War.
• Mahatma Gandhi was imprisoned numerous times by the British both in South Africa and India.
• Emma Goldman was imprisoned for two years and then deported by the US government for her opposition to the First World War.[22]
• Antonio Gramsci was a leftist Italian writer and political activist who was jailed and spent 8 years in prison. He was released conditionally due to his health situation and died shortly after.[23]
• Palden Gyatso, a Tibetan Buddhist monk arrested during the Chinese invasion of Tibet for protesting, spent 33 years in Chinese prisons and labor camps where he was extensively tortured, serving the longest term of any Tibetan political prisoner.
• Anwar Ibrahim, was a Malaysian opposition party leader was imprisoned twice because of sodomy case.
• Kim Dae Jung served one term (1976–1979) and in 1980 was exiled to the United States, but returned in 1985 and became President of South Korea in 1998.[24]
• Martin Luther King Jr. was imprisoned several times, most notoriously in Birmingham, Alabama.[1]
  

  Saudi women's rights activist and political prisoner Loujain al-Hathloul
• Leopoldo López, Venezuelan opposition leader, declared as prisoner of conscience by Amnesty International.[25]
• John Maclean was imprisoned by the British government for his opposition to the First World War.
• Heinrich Maier was a Roman Catholic priest and leader of one of the most important resistance groups against Nazi Germany.
• Nelson Mandela was imprisoned from 1963 until 1990 in South Africa due to his anti-apartheid activism and organizing attacks on several government targets. He later became the President of South Africa between 1994 and 1999.[1]
• Thomas Mapfumo was imprisoned without charges in 1979 by the Rhodesian government in what is now Zimbabwe for his Shona-language music calling for revolution.[26]
• Carlos Menem, former Argentine president who was a political prisoner under the National Reorganization Process.
• Antonio Nariño (1765–1823) was a Colombian who translated the Declaration des Droits de L'Homme et du Citoyen into Spanish, and faced multiple terms in prison under charges of translating censored material.
• Jawaharlal Nehru, political activist, statesman, and first Prime Minister of India (1948–1963) was imprisoned several times for his nationalist activism against the British Raj, serving a total of over 9 years in incarceration.[27]
• Dilma Rousseff former Brazilian president, was imprisoned by the right-wing military government between 1970 and 1973.
• Bertrand Russell was imprisoned by the British government for six months for opposing the First World War.[28]
• Mikis Theodorakis, a composer and lyricist, was imprisoned several times by Greek governments during the years 1947–1970.
• Leonora Christina Ulfeldt was imprisoned in solitary confinement in a royal dungeon for twenty-one years as the wife and later widow of Count Corfitz Ulfeldt.
• Ai Weiwei, is a Chinese artist and political dissident from the People's Republic of China.
• Liu Xiaobo a Chinese pro-democracy activist, was imprisoned multiple times (from the late 1980s to prior to his death in 2017) in China by the Chinese government.[29]
• Hossein Rajabian is an Iranian filmmaker, writer and photographer who was imprisoned for 3 years as a political prisoner between 2015 up to 2018 on charges related to his filmmaking in Evin prison in Iran.