Review of Human Rights Education and Training in the Criminal Justice System in Nepal

2010 ◽  
Author(s):  
Ben Saul ◽  
David Kinley ◽  
Yubaraj Sangroula
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Education And Training ◽  
Human Rights Education ◽  
And Training

scholarly journals Education Training and Human Rights of the Prisoners in Bangladesh

2018 ◽  
Vol 1 (2) ◽  
pp. 26-70
Author(s):  
M Abdul Hamid ◽  
Hosneara Begum
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
United Nations ◽  
Criminal Justice System ◽  
Justice System ◽  
Education And Training ◽  
Judicial System ◽  
Human Being ◽  
The United Nations ◽  
And Training

Every human being is entitled to the inherent rights of nature. They are entitled to possess these rights subject to the provisions of the law applied to the land. The concept of society is meaningless without the presence of these inherent rights of a human being. The term human rights are being collectively used to mean those legal claims which are related to mankind. And such type of universal rights of human beings grew in mankind from the very ancient time. These rights are so inherent that without these a man cannot think of living with due dignity. Human rights therefore represent minimal moral standards for human society. Every country has its own criminal justice delivery system under which certain acts or omission is regarded as crime and sufficient sanctioning measures are there. An individual who is charged with the commission of a crime is regarded as an accused. Accused who is arrested and forwarded for criminal trial is called a prisoner. A prisoner has the right to defend himself against the charges brought against him/her by every facility ensured by the law. Many efforts in international and in municipal arena as well are found for the promotion and protection of the rights of public in general and of the prisoners in particular. For this purpose some important and remarkable human rights instruments like the Universal Declaration of Human Rights, 1948, the International Covenant on Civil and Political Rights, 1966, the United Nations Standard Minimum Rules for the Treatment of Prisoners, 1957, the United Nations Draft Body of Principles for the Protection of All Persons Under Any form of Detention or Imprisonment, 1988 and in various domestic legislations. However, our present judicial system is surrounded by thousands of problems. Throughout the whole country paucity of courts or judges are common feature of our judicial system. Moreover, the unhygienic environment in the prisons caused by the overcrowding of prisoners need to be examined for the protection of the rights of the prisoners. Protection of the rights and interests of the prisoners as well as there psychological and economic assistance is vitally important for the fair implementation of criminal laws and also for gaining public confidence in criminal justice system. Therefore, this study seeks to explore those particular factors that impair the criminal justice system, which is essentially important for the protection of the rights of the prisoners. This study also seeks to correlate international and national protection of human rights which are applicable to the prisoners’ criminal proceedings in particular. The condition of the prisoners in the jail custody of Bangladesh has been set forth in detail and a comparison with the different international and domestic instruments are dealt with in this study. The purpose of this study is to show and examine the legal position of the prisoners and recognition of their rights including education and training of the prisoners within the purview of international as well as municipal law of Bangladesh. This study has also been reflected on human rights situation with regard to the prisoners in Bangladesh. Another issue is to be taken into consideration that, a human being of any age may commit crime. During the period when an accused or a convict remains within the walls of the prison cells usually can not take formal education of the land and there is a high apprehension that after his or her release he/she may be involved again in crime immediately. Therefore, if these persons can achieve necessary education and training during their stay in prison they can lead a better life after release from jail custody by utilizing those education and training in the remaining portion of their life in the society. This research work aims at focusing on the necessity and implication of education and training in the life of the prisoners of Bangladesh. In addition, this study finds out the facade of the real conditions of the prisoners through a number of case studies.

A novel approach to forensic molecular biology education and training: it’s impact on the criminal justice system

2014 ◽  
Vol 47 (2) ◽  
pp. 182-193 ◽  
Author(s):  
Khalid Mahmud Lodhi ◽  
Robert Livingston Grier ◽  
Paul J. Speaker
Keyword(s):  
Criminal Justice ◽  
Molecular Biology ◽  
Criminal Justice System ◽  
Justice System ◽  
Biology Education ◽  
Education And Training ◽  
Novel Approach ◽  
And Training

Enforcing the Shari`ah in Nigeria

2009 ◽  
Vol 26 (3) ◽  
pp. 24-40
Author(s):  
Ogechi Anyanwu
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Muslim Women ◽  
Social Solidarity ◽  
Northern Nigeria ◽  
Natural Justice ◽  
The Law ◽  
Uncertain Future

The reemergence of the Shari`ah in northern Nigeria in 2000 is reshaping the Muslims’ criminal justice system in unintended ways. This article accounts for and provides fresh insights on how the fate of Muslim women under the Shari`ah intertwines with the uncertain future of the law in Nigeria. Using Emile Durkheim’s theory of conscience collective as an explanatory framework of analysis, I argue that the well-placed objective of using the Shari` ah to reaffirm or create social solidarity among Muslim Nigerians has been undermined by the unequal, harsher punishments and suppression of human rights perpetrated against Muslim women since 2000. A I show, not only does such discrimination violate the principle of natural justice upheld by Islam, but it also threatens to shrink, if not wipe out, the collective conscience of Nigerian Muslims that the law originally sought to advance.

1. Introduction

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

scholarly journals Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights

2016 ◽  
Vol 24 (2-3) ◽  
pp. 107-134 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
European Countries ◽  
The European Union ◽  
European Court ◽  
The Right

Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.

scholarly journals HAK NARAPIDANA DALAM SISTEM PEMASYARAKATAN DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Point Of View ◽  
Human Being ◽  
System P ◽  
Correctional System ◽  
A Priority ◽  
The Government

Prisoners are persons who undergoing punishment for committed crimes. According to the verdict, a criminal shall be sentenced in prison. However, the rights of the prisoners are protected by the correctional system, and keep them as human being as a whole. They are rehabilitated, guided, and nurtured which the aims is to make them back to community after the sentencing is finished. From the point of view of human rights, are correctional system was made to protect the rights of criminal, where the criminal remains a priority for the government within the criminal justice system.

scholarly journals Islamic criminal procedure law: human rights issues

2020 ◽  
Vol 23 (10) ◽  
pp. 47-57
Author(s):  
Yusif Mamedov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Due Process ◽  
Economic Status ◽  
Burden Of Proof ◽  
The Law ◽  
The Right

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

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