The ‘Archives of Terror’

2020 ◽  
pp. 17-23
Author(s):  
Olivier Bercault
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Criminal Case ◽  
Truth Commission ◽  
Total Control ◽  
Made In

This chapter discusses the unlikely discovery of the abandoned archives documenting crimes of Hissène Habré and his regime by members of a Human Rights Watch (HRW) team. These were the lost archives of Habré's former political police, the Documentation and Security Directorate (DDS). It was a trove of evidence that would prove critical in Habré's eventual prosecution. The victims of Hissène Habré's regime started a criminal case against their former dictator in 1999–2000 based on hundreds of detailed testimonies, data gathered by the victims' organization and the conclusions of the 1992 Chadian Truth Commission. The recovery of the DDS archives proved to be decisive for the case. These archives corroborated the statements made in court and shed new light on the scale, pattern, and systematic organization of Habré's political police and ‘machine of repression’. The archives also helped to establish Hissène Habré's personal criminal responsibility. The DDS was directly subordinated to Habré, who was in total control over its structure and agents.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

The Future of Human Rights: A View from the United Nations

2014 ◽  
Vol 28 (2) ◽  
pp. 239-250 ◽  
Author(s):  
Andrew Gilmour
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The Other ◽  
World Summit ◽  
The World ◽  
The Future ◽  
The United Nations ◽  
Peace And Development ◽  
Made In

Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: “There can be no peace without development, no development without peace, and neither without respect for human rights.” But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.

LGBTI Rights in Indonesia: A Human Rights Perspective

2018 ◽  
Vol 19 (1) ◽  
pp. 27-44
Author(s):  
Eleni Polymenopoulou
Keyword(s):  
Human Rights ◽  
Film Festival ◽  
Criminal Punishment ◽  
Same Sex ◽  
Made In

The threat of criminal punishment of same-sex relationships has revived in Indonesia. Despite the remarkable improvements that were made in recent years, such as the Yogyakarta principles in 2007 and the organisation of the Jakarta Q-film festival, homophobia has been gradually observed throughout the country. The criminal punishment of both prostitution and homosexuality in the (Islamised) region of Aceh by virtue of local laws (perdas) and incidents such as the raid of a Jakarta gay sauna in late 2017 that resulted in several prosecutions demonstrate that the struggle for non-discrimination and equality for lesbian, gay, bisexual, transgender and intersex (LGBTI) communities is still ongoing in this extremely diverse country. The present paper discusses this situation, highlighting the need for Indonesia to comply with its human rights obligations.

scholarly journals THE USE OF FLOGGING AS A PUNISHMENT IN SAUDI ARABIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW

2021 ◽  
Vol 29 (1) ◽  
pp. 77-102
Author(s):  
Hind Sebar ◽  
Shahrul Mizan Ismail
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Criminal Law ◽  
Islamic Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Legal Procedures ◽  
Made In

Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.

scholarly journals Odpowiedzialność osób zarządzających w transnarodowych korporacjach w prawie karnym – aspekty międzynarodowe i transnarodowe

2020 ◽  
Vol 30 (4) ◽  
pp. 75-96
Author(s):  
Kamil Boczek
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Transnational Corporations ◽  
Crimes Against Humanity ◽  
Criminal Proceedings ◽  
Corporate Managers ◽  
Business Opportunity ◽  
The World ◽  
International Laws ◽  
Forced Labour

Owing to increasing globalisation, transnational corporations play an important role in international trade. Those wealthy and very complex entities have a major impact on reality and often engage in activities which involve illegal practices such as the environmental pollution, forced labour and other serious infringement of employees’ right or even crimes against humanity. Carrying on business which is primarily profit-oriented may result in violations of fundamental human rights, if this is required for a corporation to financially exploit a business opportunity. It is difficult in practice to hold these entities and their corporate directors to account. Regulations regarding criminal responsibility of managers of transnational corporations can be found in national and international laws. However, criminal proceedings do not give satisfactory results. The main problem lies in powers, flexibility and close links of those corporations with local authorities. The paper points to different solutions applied throughout the world, and describes the best-known criminal proceedings against corporate managers.

scholarly journals Os acervos documentais produzidos pelas comissões da verdade no Brasil onde estão hoje?

2021 ◽  
Vol 16 ◽  
pp. 203-217
Author(s):  
Mônica Tenaglia ◽  
Georgete Medleg Rodrigues
Keyword(s):  
Human Rights ◽  
Information Service ◽  
Truth Commissions ◽  
Truth Commission ◽  
Human Rights Violations ◽  
Lack Of Information ◽  
Do So

This paper provides the work of identifying and locating the archives produced by twenty truth commissions created in Brazil between 2012 and 2018. To do so, it uses the final reports and virtual pages of the commissions, the electronic citizen information service (e-SIC) and state and municipal ombudsmen and contact with former truth commission members. The results show the difficulty in locating these collections due to the lack of information about Brazilian truth commissions and the lack of information about the presence of these collections in archival institutions. Furthermore, it points to a worrying scenario regarding the protection and disclosure of archival collections which hold information about human rights violations in Brazil.

scholarly journals PROPERTY LIABILITY OF THE INVESTIGATOR IN THE REHABILITATION OF THE ACCUSED

2019 ◽  
Vol 29 (6) ◽  
pp. 899-903
Author(s):  
D.V. Tatianin
Keyword(s):  
Criminal Responsibility ◽  
Active Role ◽  
Evidence Base ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Innocent Person ◽  
Investigation Process

The article addresses the issues of the investigator’s liability in deciding on the acquittal of the defendant to whom he or she has been charged and the criminal case was sent to the court with the indictment. The view is maintained that the investigator’s responsibility can only occur if the fact of bringing a knowingly innocent person to criminal responsibility is proved with the investigator playing an active role in the fabrication of criminal case materials. When a person is prosecuted on the basis of an assessment of the totality of the available evidence, which at the hearing did not find confirmation for various reasons, prosecuting an investigator seems unacceptable. The investigator investigates the crime in the context of a pronounced opposition to the investigation process from interested parties, the evidence base is created in the specified conditions, before the criminal case is sent to the court, participants in the process are exposed to various forms in order to obtain the necessary evidence from them. A change in the evidence system may be related to counteracting the investigation process, in this situation it is unacceptable for the investigator to be held accountable for unjustified criminal prosecution.

The Third Wave: Islamization of Europe, or Europanization of Islam?

2013 ◽  
Vol 2 (2) ◽  
pp. 115-136
Author(s):  
Maurits S. Berger
Keyword(s):  
Human Rights ◽  
Religious Discourse ◽  
Religious Values ◽  
The Political ◽  
Third Wave ◽  
The Real ◽  
Four Dimensions ◽  
The Third ◽  
European Values ◽  
Made In

Abstract To understand the concerns and issues related to Muslims and Islam in Europe, this article makes use of a framework that qualifies ‘Islam’ as two manifestations of ‘physical’ and ‘virtual’ Islam and ‘Europe’ as two discourses defined as the political-legal and cultural-religious discourse. The resulting matrix of these four dimensions will be applied to several of the main issues of the interaction between Islam and Europe: the numerical presence of Muslims, their visibility, the legacy of centuries of European-Islamic interaction, and the (in)compatibility of Islamic and European values. Based on these examples, the author observes that the European concerns regarding ‘Islam’ mostly relate to virtual Islam and are dominated by cultural-religious discourse. The author therefore questions the often-heard two-choice question between ‘Europanization of Islam’ or ‘Islamization of Europe’, arguing that the real choice to be made in Europe is whether it will adhere to its political-legal values, such as liberalism, equalit and human rights, or will prefer its cultural-religious values.

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