Human Rights In Pre Trial Detention
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Human Rights In Pre Trial Detention
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Author : Chandr Mohan Upadhyay
language : en
Publisher: APH Publishing
Release Date : 1999
Human Rights In Pre Trial Detention written by Chandr Mohan Upadhyay and has been published by APH Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Political Science categories.
Human Rights And Pre Trial Detention
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Author : United Nations Centre for Human Rights
language : en
Publisher: New York and Geneva : United Nations
Release Date : 1994
Human Rights And Pre Trial Detention written by United Nations Centre for Human Rights and has been published by New York and Geneva : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Pre Trial Detention In 20th And 21st Century Common Law And Civil Law Systems
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Author : Marion Charret-Del Bove
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-06-19
Pre Trial Detention In 20th And 21st Century Common Law And Civil Law Systems written by Marion Charret-Del Bove and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-19 with Law categories.
Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.
D Tention Avant Jugement
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Author : Piet Hein P. H. M. C. Kempen
language : en
Publisher:
Release Date : 2012
D Tention Avant Jugement written by Piet Hein P. H. M. C. Kempen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Detention of persons categories.
It is estimated that in the course of a year, approximately 10 million people will pass through pre-trial detention. Although presently, no adequately functioning criminal justice system can do entirely without detaining any suspects, pre-trial detention thus remains problematic in the context of human rights, the detainee's family, and society. This volume therefore offers a wide variety of topics that are relevant to pre-trial detention. The themes discussed include: developments that affect the application of pre-trial detention; relevant international and national human rights standards, as well as monitoring systems; pre-trial detention of specific groups; and alternatives to pre-trial detention. Moreover, this book contains chapters on 21 individual countries from around the world. On the basis of these, the book not only examines whether and how international human rights standards on detention are influencing national law and practice, and the extent to which international norm
Preventive Detention
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Author : Stanislaw J. Frankowski
language : en
Publisher: BRILL
Release Date : 2022-05-09
Preventive Detention written by Stanislaw J. Frankowski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-09 with Law categories.
Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
Presumption Of Guilt
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Author : Martin Schönteich
language : en
Publisher:
Release Date : 2014
Presumption Of Guilt written by Martin Schönteich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Political Science categories.
In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.
The Protection Of The Rights Of Pre Trial Detainees In Cameroon A Legal Perspective
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Author : Sona Gerald
language : en
Publisher: GRIN Verlag
Release Date : 2024-04-11
The Protection Of The Rights Of Pre Trial Detainees In Cameroon A Legal Perspective written by Sona Gerald and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-11 with Law categories.
Academic Paper from the year 2024 in the subject Law - Public Law / Constitutional Law / Basic Rights, University of Buea, language: English, abstract: This article delves into the longstanding issue of pre-trial detention, tracing its origins back to the colonial era in Cameroon, where individuals were held in custody pending trial outcomes. It examines the extent to which pre-trial detainees' rights are safeguarded in Cameroon, revealing significant violations within the current legal framework. Notably, the Criminal Procedure Code (CPC) of Cameroon falls short in adequately protecting the right to bail, leaving its discretion to the courts. Employing qualitative research methodology, the study conducts a comprehensive doctrinal analysis of conventions, statutes, and cases. Findings indicate that while Cameroon's Constitution and CPC offer certain protections, these provisions are deemed insufficient, calling for reform. The study aims to evaluate the effectiveness of Cameroon's legal system in upholding prisoners' rights. In clarifying the term "pre-trial," the article underscores its global prevalence across Europe and Africa, encompassing diverse demographics—from first-time offenders to the mentally ill and career criminals. The history of pre-trial detention in Cameroon is rooted in colonial practices, where detainees were coerced into administrative labor. Post-World War I, there emerged heightened awareness of human dignity, catalyzing initiatives like the League of Nations' International Penal and Penitentiary Commission, which advocated for proper detainee treatment. Subsequently, the United Nations inherited this mission, emphasizing human dignity through international legal instruments, which are analyzed in the study. Three justifications for pre-trial detention are outlined: reasonable belief in the alleged perpetrator's guilt, flight risk, and potential obstruction of justice. Fundamental human rights, including liberty, are emphasized, with acknowledgment of widespread unlawful arrests, lack of legal counsel, and inhumane treatment in many countries. This article underscores the urgent need to reform Cameroon's legal framework, advocating for amendments to clarify ambiguous provisions, define undefined terms, and bolster lacking safeguards. By addressing these deficiencies, the study aims to enhance protections for pre-trial detainees and uphold fundamental rights within Cameroon's justice system.
Human Rights In Criminal Procedure
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Author : John Albert Andrews
language : en
Publisher: BRILL
Release Date : 1982-05-26
Human Rights In Criminal Procedure written by John Albert Andrews and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-05-26 with Law categories.
Revised papers from a conference organised by the United Kingdom National Commission on Comparative Law at Manchester 1978.
The Human Rights Watch Global Report On Prisons
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Author : Human Rights Watch (Organization)
language : en
Publisher: Human Rights Watch
Release Date : 1993
The Human Rights Watch Global Report On Prisons written by Human Rights Watch (Organization) and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Political Science categories.
14. After a riot
Convicted Before Trial
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Author : Sahr MuhammedAlly
language : en
Publisher: Human Rights Watch
Release Date : 2006
Convicted Before Trial written by Sahr MuhammedAlly and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Criminal procedure categories.