Prisoners’ Rights in The Light of Non-Binding International Instruments

BackgroundFrom a long time ago the condition of those individuals imprisoned or in other words deprived of physical freedom has been noted by the writers and scholars of the field of criminal law. The norms that exist in the literature of International law are divided into binding and nonbinding norms.Materials and MethodsThis is a theorical inquiry and its methods are descriptive-analytical and the gathering of data is done by the library method and referring to documents, book and articles.Ethical ConsiderationsIn all steps of writing this inquiry, while observing the authenticity of the texts, honesty and fidelity have been observed.FindingsUnder the nonbinding documents and norms different instances of the rights of prisoners are put in a special class. The first class is the basic principles. These principles are in fact a part of the instances of basic human rights which in the literature of International law are an instance of imperative principles of International law and important effects come from them. The second type is the non-basic principles. These type of principles have no Conventional and common background.ConclusionThe nonbinding documents and norms regarding the new instances of the rights of prisoners can by creating convergence in the international procedures of governments, prepare the grounds for the entry of the aforementioned principles into the realm of binding rights.

کلیدواژه ها:

Non-binding Documents ، Prisoner Rights ، Human rights ، Humanitarian Rights