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While many definitions have been advanced for the term “political prisoners,” there is no internationally recognized designation of who qualifies as a political prisoner and who does not. For some people, all crime and subsequently all prisoners are political, because the reaction of the state to crime is largely in the interests, values, and beliefs of the law-making power and ruling class. For others, however, political offenses are more “absolute” and tend to fall into two main categories: (1) crimes of domination or oppression by the state, and (2) crimes of rebellion, insurgency, social unrest, or civil disobedience against the state by individuals or groups.

It is important to note that the term “political prisoner,” whether referring to politically motivated offenders or prisoners of conscience, remains largely unrecognized within the context of the law. Legally, politically motivated offenders in prison and prisoners of conscience are not differentiated from “ordinary” criminal offenders. In the case of Northern Ireland, for example, successive British governments have sought to present the disruptive actions of inmates in the Maze Prison as common crimes. Accordingly, the Northern Ireland Prisons Service asserts that there are “no political prisoners in Northern Ireland. All those sentenced to prison terms have been convicted of criminal offences” (BBC Special Report, 1998). Similarly, prisoners of conscience, who may be imprisoned for challenging (through nonviolent means) oppressive state policies, are not given special legal status and are considered “ordinary” criminal offenders.

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Women seeking the vote, known as “suffragettes,” were frequently imprisoned in the U.K. and the U.S. in the early 20th century. These women believed themselves to be political prisoners.

Prisoners of Conscience

State crimes of domination and oppression occur when a sovereign state and its institutions commit crimes to protect and promote their interests. Examples of crimes by the state would include genocide, torture, domestic spying (illegal surveil-lance), human rights violations such as no elections or restrictions on freedom of speech, discrimination, false imprisonment or execution, fraud, and accepting lobbyists' money for special concession. Those who are perceived as a threat to the state's established order, and are subsequently unjustly targeted, victimized, and ultimately imprisoned, are referred to as “prisoners of conscience.” Amnesty International provides the following definition of prisoners of conscience:

Those persons detained or otherwise physically restricted by reason of their political, religious or other conscientiously held beliefs, or by reason of their ethnic origin, sex, color, language, national or social origin, economic status, or birth, provided that they have not used or advocated violence. This definition includes prisoners who are believed to have been falsely accused of criminal offences which are politically related, and for which there is no credible evidence to link them to the political beliefs and actions within which they have been imputed. (Amnesty International, 1997, p. 1)

Amnesty International maintains that prisoners of conscience are currently being held in 94 countries around the world, including Afghanistan, Cameroon, China, Greece, Indonesia, Peru, and Tunisia. Many of these individuals have been imprisoned for political activities including spreading counter-revolutionary propaganda, shouting reactionary slogans, and speaking out about the right to self-determination. Incarcerating those who engage in such political activities defies many of the articles set out in the United Nations' Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

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