Compendium Of Case Law Of The European Court Of Human Rights On The Death Penalty And Extrajudicial Execution
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Compendium Of Case Law Of The European Court Of Human Rights On The Death Penalty And Extrajudicial Execution
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Author : Jeremy McBride
language : en
Publisher: Council of Europe
Release Date : 2022-07-07
Compendium Of Case Law Of The European Court Of Human Rights On The Death Penalty And Extrajudicial Execution written by Jeremy McBride and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-07 with Political Science categories.
Ensuring respect for one of the fundamental values of humanity in our society through the European Convention on Human Rights and the European Court of Human Rights The compendium’s aim is to assist national judges, prosecutors and lawyers from the 46 member states of the Council of Europe to deal with extradition or deportation cases when there is a risk of the death penalty being imposed in third countries or of extrajudicial execution. It also aims at enabling legal professionals from countries where the death penalty still exists to develop arguments based upon the reasoning of the case law of the European Court of Human Rights. It contains relevant extracts from the Court’s case law, structured in a user-friendly way. Jeremy McBride is a Barrister at Monckton Chambers, London, specialising in cases before the European Court of Human Rights and the United Nations Human Rights Committee. He is President of the Expert Council on NGO Law of the Council of Europe’s Conference of International Non-Governmental Organisations (INGOs), a former member and Chair of the Scientific Committee of the European Union’s Fundamental Rights Agency, and co-founder and Chair of the International Centre for the Legal Protection of Human Rights (INTERIGHTS).
Compendium Of Case Law Of The European Court Of Human Rights On The Death Penalty And Extrajudicial Execution
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Author : Council of Europe
language : en
Publisher:
Release Date : 2022-07-15
Compendium Of Case Law Of The European Court Of Human Rights On The Death Penalty And Extrajudicial Execution written by Council of Europe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-15 with categories.
The compendium's aim is to assist national judges, prosecutors and lawyers from the 46 member states of the Council of Europe to deal with extradition or deportation cases when there is a risk of the death penalty being imposed in third countries or of extrajudicial execution. It also aims at enabling legal professionals from countries where the death penalty still exists to develop arguments based upon the reasoning of the case law of the European Court of Human Rights. It contains relevant extracts from the Court's case law, structured in a user-friendly way
The Death Penalty
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2004-01-01
The Death Penalty written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
Europe is today the only region in the world where the death penalty has been almost completely abolished. In the Council of Europe's 45 member states, including the European Union's 15 member states and its 13 candidate countries, capital punishment is no longer applied. The Council of Europe believes that the death penalty has no place in democratic societies under any circumstances. This book reviews the long and sometimes tortuous path to abolition in Europe. It also addresses the tangible problems which countries face once the death penalty has been abolished, and related issues: the situation of murder victims' families and alternatives to capital punishment, particularly the choice of a substitute sentence. It also discusses abolition campaigns in Russia, the United States and Japan.
The Abolition Of The Death Penalty In International Law
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Author : William Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-05
The Abolition Of The Death Penalty In International Law written by William Schabas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-05 with Law categories.
This is the 2002 third edition of William A. Schabas's highly praised study of the abolition of the death penalty in international law. Extensively revised to take account of developments in the field since publication of the second edition in 1997, the book details the progress of the international community away from the use of capital punishment, discussing in detail the abolition of the death penalty within the United Nations human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters in the third edition address capital punishment in African human rights law and in international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. The Abolition of the Death Penalty in International Law is introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.
Human Rights Manual And Sourcebook For Africa
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Author : Keir Starmer
language : en
Publisher: BIICL
Release Date : 2005
Human Rights Manual And Sourcebook For Africa written by Keir Starmer and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Civil rights categories.
At a time when the issue of human rights in Africa is making many advances, Human Rights Sourcebook and Manual for Africa introduces easy-to-use jurisprudence. The first section covers key principles and human rights norms which are detailed in straightforward language. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and include a headnote of relevant concepts for quick reference. The fourth section focuses on thirteen African countries, yet the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research includes visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row.
The Death Penalty
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Author : Roger Hood
language : en
Publisher: OUP Oxford
Release Date : 2015-01-08
The Death Penalty written by Roger Hood and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-08 with Political Science categories.
The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
The Execution Of Judgments Of The European Court Of Human Rights
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Author : Elisabeth Lambert-Abdelgawad
language : en
Publisher: Council of Europe
Release Date : 2008-01-01
The Execution Of Judgments Of The European Court Of Human Rights written by Elisabeth Lambert-Abdelgawad and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Political Science categories.
An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.
The Barbaric Punishment
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Author : Hans Göran Franck
language : en
Publisher: BRILL
Release Date : 2021-09-13
The Barbaric Punishment written by Hans Göran Franck and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-13 with Law categories.
In this volume, Swedish human rights activist and political figure, Hans Göran Franck, examines the administration of the death penalty from a historical perspective. The author's opinions are based on his lifelong work and devotion to abolishing the 'barbaric punishment'. Building upon previously unpublished material and considerable detail drawn from Franck's personal experiences, it focuses on both the progressive developments within European countries and institutions over several decades, and the frustratingly retrograde situation that prevails in the United States. The author dedicated this book to those facing a sentence of death. During the course of his work, the author traveled to numerous countries and met many condemned men and women. Publication of this important volume, which comes a few years after Hans Göran Franck's untimely passing, coincides with a major development to which he contributed, the adoption of Protocol No. 13 to the European Convention on Human Rights, which abolishes capital punishment in both wartime and peacetime. William A. Schabas a law professor who specializes in the subject of capital punishment, has ensured that the manuscript is up to date, and contributed the introductory chapter.
Taking Life Imprisonment Seriously
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Author : Kenneth G. Zysk
language : en
Publisher: BRILL
Release Date : 2002-04-01
Taking Life Imprisonment Seriously written by Kenneth G. Zysk and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-01 with Law categories.
Life imprisonment is a complex and drastic penal sanction. It gives the State the power to curtail the liberty of offenders for the rest of their lives. In many jurisdictions life imprisonment is the ultimate sanction for the most serious crimes. It is frequently touted as an alternative to the death penalty. At the same time, life imprisonment is often imposed as a preventive measure, where the offence alone does not justify using the ultimate sanction in the penal arsenal. The complexity of life imprisonment is frequently overlooked. Often it is assumed that it is not as drastic as it sounds, as it will not be enforced for the whole life of the offender. There may also be a reluctance to subject life imprisonment to close scrutiny, lest its perceived suitability as an alternative to the death penalty be undermined. This book tackles the complexity of life imprisonment head on by describing how various forms of it are imposed and implemented in the United States of America, in England and Wales and in Germany, as well as in the emerging international system of criminal justice. From this basis it examines the justifications advanced for life imprisonment and the modifications that have resulted in individual jurisdictions in response to criticisms of its imposition and implementation. At the same time, the book develops a more general critique of life imprisonment. It evaluates it against constitutional human rights standards that have been developed in many jurisdictions to judge the acceptability of punishment generally. It concludes that some current practices in both the imposition and implementation of life imprisonment clearly are fundamentally unacceptable, but that questions remain, even about carefully implemented life sentences imposed for the most serious crimes. The jurisprudential analysis provides the basis for a major re-evaluation of life imprisonment and raises doubts about the unquestioning acceptance of this ultimate penalty.
Capital Punishment New Perspectives
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Author : Peter Hodgkinson
language : en
Publisher: Routledge
Release Date : 2016-04-08
Capital Punishment New Perspectives written by Peter Hodgkinson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Social Science categories.
This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ’saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.