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.

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 ‘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.

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.

scholarly journals An EU Right to Interim Protection during Appeal Proceedings in Asylum Cases?

2010 ◽  
Vol 12 (4) ◽  
pp. 407-434 ◽  
Author(s):  
Marcelle Reneman
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Effective Remedy ◽  
The Right ◽  
Judicial Protection ◽  
The Eu

AbstractDoes EU law provide for a right to interim protection in asylum cases and if so under what circumstances and in what form? These questions are addressed in this article on the basis of relevant EU legislation, the EU principle of effectiveness and the right to effective judicial protection, and finally international human rights law, which serves as a source of inspiration for these principles. It is argued that Article 39 of the Procedures Directive, interpreted in the light of the EU principle of effectiveness and the EU right to effective judicial protection, requires a remedy with automatic suspensive effect in all asylum cases, regardless of their arguability. It is therefore conceivable that this provision offers broader protection than the right to an effective remedy, laid down in international human rights treaties, such as Article 13 ECHR.

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.

scholarly journals International standards for the right to freedom of association: classification criteria

2020 ◽  
pp. 104-109
Author(s):  
Nadezhda Gayeva
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Internal Quality ◽  
Freedom Of Association ◽  
International Human Rights ◽  
Holistic View ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

In the legal literature has long been a classification of legal phenomena. International standards on the right to freedom of association are not an exception, which is due to both cognitive reasons and practical importance. However, to date, sufficient generally accepted, generally accepted criteria for their classification have not yet been found in the theory of constitutional law.  The classification of international standards for the right to freedom of association is the basis for classifying international human rights standards as a method of cognition. The latter makes it possible to evaluate the holistic view of the classification of international standards on the right to freedom of association, its internal quality, comparing its essential and formal characteristics. At present, there are no uniform criteria for classifying international standards on the right to freedom of association, and therefore it is not possible to establish a single classification. At the same time, in view of the application of international standards on the right to freedom of association in the law and law practice in Ukraine, the most important criteria for their classification are the content and legal significance of the legal norm - the standard. Accordingly, international standards on the right to freedom of association are divided into: 1) factual and nominal; 2) mandatory and advisory. However, it is obvious that without consideration of other criteria it will not be possible to delineate qualitatively the essence of the investigated question. Integrating the criteria proposed by domestic researchers for the classification of international human rights standards, which are also acceptable for the classification of international standards on the right to freedom of association, we refer to others: 1) subject of their establishment - UN, Council of Europe, European Union, etc. ; 2) by scope - standards of general action and special action; 3) depending on the ways of their implementation - those that are self-implemented and those that are not self-implemented and require special measures for their implementation; 4) in the form of implementation - international treaties, documents of international organizations; 5) by territory - world (national, requirements of international acts of universal character) and regional (in particular, continental). The above list of varieties of international standards for the right to freedom of association is certainly not exhaustive, as other criteria for their classification are possible.

scholarly journals Juvenile Defendants’ Right to be Tried within a Reasonable Time in Cambodia: An International Human Rights Analysis

Youth Justice ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 42-62
Author(s):  
Aekje Teeuwen
Keyword(s):  
Human Rights ◽  
Juvenile Justice ◽  
Case Law ◽  
International Treaties ◽  
International Human Rights ◽  
Reasonable Time ◽  
Unique Position ◽  
Legislative Framework ◽  
International Human ◽  
The Right

A delay in proceedings pending trial has a significant impact on defendants, particularly juveniles. The majority of prominent human rights instruments and their governing bodies seek to address the right to be tried within a reasonable time. Nevertheless, the unique position of juvenile defendants in relation to this right is considered with substantial inconsistency. Cambodia has ratified several international treaties acknowledging this fundamental right and recently adopted the Juvenile Justice Law. Consequently, this article examines the extent to which the right for juvenile defendants to be tried within a reasonable time has been incorporated into the relevant international, as well as the Cambodian legislative framework, and case law.

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