Was Nelson Mandela a political prisoner or a prisoner of conscience? He was held captive for 26 years on Robben Island for opposing South Africa’s apartheid regime: that makes him sound like a prisoner of conscience.

But his statements that the end of apartheid should be brought about by violent means if necessary made him a political prisoner. Every prisoner of conscience is a political prisoner, but not every political prisoner is a prisoner of conscience.

Since the dawn of human history, dissidents have been locked up for not going along with the political status quo or for posing a perceived threat to those in power. Throughout the world, military leaders, dictators, ideological regimes and even democracies locked up “those who thought differently”.

We call them political prisoners, a term coined 50 years ago by human rights organisation Amnesty International. Amnesty remains the most prominent advocate of the release of such prisoners or for ensuring that they are given a fair trial.

Toast to freedom
”Open your newspaper any day of the week and you will find a report from somewhere in the world of someone being imprisoned, tortured or executed because his opinions or religion are unacceptable to his government. There are several million such people in prison - by no means all of them behind the Iron and Bamboo Curtains - and their numbers are growing.”

It was with these words, published in May 1961 by British newspaper The Observer that London lawyer Peter Benenson started the campaign “Appeal for Amnesty 1961” together with a group of London-based lawyers, writers and publishers. The article marked the start of what became the human rights organisation we know today as Amnesty International.

The motivation for this appeal was a report Mr Benenson read of two Portuguese students who were sentenced to seven years in prison. Their only crime had been to voice criticism of the country’s dictator António de Oliveira Salazár while sitting in a restaurant, and to drink a toast to freedom.

Prisoners of conscience
Benenson referred to the Portuguese students as “prisoners of conscience”. According to the present-day definition, this term refers to persons being held captive or whose freedom of movement is being restricted because of their political, religious or other views, their ethnic origin, gender, sexual orientation, skin colour or language, and who have neither committed nor propagated acts of violence. Amnesty calls for the unconditional release of such prisoners.

The concept of political prisoner is less clearly defined: it takes in those who have propagated violence or resorted to using it themselves. In their case, Amnesty does not demand unconditional release but a fair trial and humane treatment. The organisation is also a fervent campaigner for the abolition of the death penalty.

Guantánamo
These definitions of prisoner of conscience and political prisoner are now widely accepted and used. The factor of violence remains an important touchstone.

Take for example the detainees held at the United States’ controversial Guantánamo Bay prison camp in Cuba. They too are classed as political prisoners, says Ruud Bosgraaf of Amnesty International in Amsterdam.

"In any case, they can’t all be said to be prisoners of conscience. It’s not clear whether some have used or propagated violence. We are therefore demanding that they be given a fair trial but not an unconditional release."