scholarly journals The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

2018 ◽  
Vol 150 ◽  
pp. 05053
Author(s):  
Faten Mohmed Alqahtani ◽  
Amani Ali ◽  
Abdulrahman M.A.AlBelihi ◽  
Metwally Ali
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Justice System ◽  
Criminal Procedure ◽  
International Human Rights ◽  
Legal Representation ◽  
International Human ◽  
The Law ◽  
The Right ◽  
Human Rights Standards

Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1) The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2) The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3) The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

scholarly journals Procedural Rights Supporting Expeditious Trials for Juveniles

2021 ◽  
Vol 22 (2) ◽  
pp. 150-185
Author(s):  
Aekje Teeuwen
Keyword(s):  
Human Rights ◽  
Limited Attention ◽  
International Human Rights ◽  
Legal Representation ◽  
Reasonable Time ◽  
International Human ◽  
Effective Remedy ◽  
The Right ◽  
Human Rights Standards ◽  
Procedural Rights

Abstract Delays pending trials can negatively impact juveniles. Encouragingly, the right of juvenile defendants to be tried within a reasonable time has been enshrined in international and regional human rights instruments. To support and strengthen the realisation of this specific right, several additional procedural entitlements, to which existing scholarship has paid limited attention, are of importance. This article focuses on how the rights to an effective remedy and legal representation can support the fulfilment of expeditious trials for juveniles. Furthermore, it analyses to what extent these two identified rights have been incorporated into significant international human rights standards and, specifically, in the Cambodian, Philippine and Vietnamese legislative frameworks. It identifies lessons Cambodia can draw from the latter two countries.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

scholarly journals Academic Freedom and Its Protection in the Law of European States

2016 ◽  
Vol 3 (3) ◽  
pp. 254-345
Author(s):  
Klaus D. Beiter ◽  
Terence Karran ◽  
Kwadwo Appiagyei-Atua
Keyword(s):  
Higher Education ◽  
Human Rights ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
European Convention ◽  
The European Union ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.

scholarly journals ‘Too High’, ‘Too Low’, or ‘Just Fair Enough’?

2019 ◽  
Vol 17 (2) ◽  
pp. 351-368
Author(s):  
Joanna Nicholson
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
International Criminal ◽  
Fair Trial ◽  
International Human Rights Law ◽  
Criminal Courts ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

Abstract That an accused receives a fair trial is essential to the legitimacy of international criminal courts and tribunals. However, how best to interpret the right to a fair trial in order to maximize the legitimacy of international criminal courts and tribunals’ decision-making? Some argue that international criminal courts and tribunals should aspire to the highest standards of fairness and should aim to set an example for domestic courts in this regard. Others argue that the unique context within which international criminal courts and tribunals operate allows them, at times, to interpret the right to a fair trial in a way which falls below minimum international human rights standards. This article examines both of these positions and finds both to be problematic. Rather, the article argues that international criminal courts and tribunals should aim for a middle path, the ‘fair enough’ standard, when interpreting the right to a fair trial. In situations where a different standard than that found within international human rights law is applied, international criminal courts and tribunals should expend greater effort in being open and clear as to why this is so, and should take care in communicating this to their audience, including victims and the accused. By doing so, the legitimacy of their decision-making will be enhanced.

Born in the twilight zone: Birth registration in insurgent areas

2019 ◽  
Vol 101 (911) ◽  
pp. 507-536 ◽  
Author(s):  
Kathryn Hampton
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
Twilight Zone ◽  
Birth Registration ◽  
Humanitarian Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

AbstractInsurgent groups are registering births in territories which they control, and yet States do not recognize insurgent birth registration, resulting in a legal vacuum with harsh consequences for children. Based on international human rights and humanitarian law provisions related to birth registration, this article argues that insurgent groups have an inherent power to register births in order to fulfil their obligations under international humanitarian law, and that State obligation to ensure the right to recognition as a person under the law should require States to recognize insurgent birth registration in order to prevent harm to children.

The Qualification for Being a Refugee under eu Law: Religion as a Reason for Persecution

2014 ◽  
Vol 16 (4) ◽  
pp. 535-558
Author(s):  
Alexandra Maria Rodrigues Araújo
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Eu Law ◽  
Refugee Status ◽  
International Human Rights ◽  
Court Of Justice ◽  
International Human ◽  
The Individual ◽  
The Right ◽  
Human Rights Standards

The Court of Justice in Y and Z deals with persecution in the form of interference in the right to practise one’s religion. The main aspects of the judgment can be summarized in the following three statements: in order to be granted refugee status under eu law, only a severe violation of religious freedom can be regarded as an act of persecution; the severity of the acts of persecution must be identified on the basis of the nature of the repression inflicted on the individual and its consequences; the competent authorities cannot expect the applicant to abstain from religious practices upon the return to his country of origin. Y and Z is an undeniable reference towards the interpretation of religion-based persecution provisions of the Qualification Directive. From the perspective of religious freedom, the Court reinforces the commitment of the eu with the European and international human rights standards concerning this right.

The Death Penalty in Malawi: An Assessment against Regional and International Human-rights Standards

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Esther Gumboh
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
International Standards ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Global Trend ◽  
International Human ◽  
Capital Crimes ◽  
The Right ◽  
Human Rights Standards

Despite the global trend towards the abolition of the death penalty, Malawi has no plans to do so. However, the country is under an obligation to ensure that the use of the death penalty is restricted in line with regional and international human-rights law. A survey of the application of the death penalty in Malawi reveals that while there are some restrictions on its use, the law and practice are not fully aligned with the regional and international standards. This is particularly the case with the scope of capital crimes, the right to seek mercy and the death row phenomenon. Malawi needs to address these shortfalls and move progressively towards the abolition of the death penalty. The task of this article is to make known some findings on how Malawi fares in this regard. The paper first discusses the regional and international human rights standards for the death penalty then it considers the Malawian Constitution and the restrictions on the death penalty under Malawian law. It concludes with an assessment of the extent to which Malawi conforms to international law insofar as the death penalty is concerned.

The Right to Confidential Communication with Defence Counsel in JapanRecent Legal Disputes Over Mail Censorship and Photography in Visiting Rooms

2019 ◽  
Vol 20 (2) ◽  
pp. 159-180
Author(s):  
Teppei Ono
Keyword(s):  
Human Rights ◽  
Current Practice ◽  
Dark Side ◽  
Criminal Cases ◽  
International Human Rights ◽  
Nelson Mandela ◽  
Defence Counsel ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

In spite of the common global position of protecting the right to confidential communication, the Japanese prison authorities create barriers to communication between pre-trial inmates and defence counsel. Any correspondence, including correspondence between pre-trial inmates and defence counsel, may be opened and read by prison staff. In addition, prison authorities have established regulations to prohibit any visitors from bringing in cameras or mobile phones. They do not allow counsel to take photos in visiting rooms, claiming that these regulations are equally applicable to lawyers. This article examines the legality of the current practice regarding mail censorship and the prohibition of photography in visiting rooms, taking into consideration international human rights standards. It concludes that the current practice diverges from the international human rights standards including the Nelson Mandela Rules, which protects the full confidentiality of communication between inmates and lawyers, and access to effective legal aid. Since the arrest of Nissan’s former chairman Carlos Ghosn in November 2018, Japan’s ‘hostage justice’ system – in which suspects are held for a long period in harsh conditions to coerce a confession – has encountered a barrage of criticism. It should be noted, however, that interruption of inmates-defence counsel communication constitutes another dark side of Japanese criminal justice. This article will shed light on the everyday issues which Japanese defence counsel face in actual criminal cases.

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