Procedural Rights And Detention Conditions
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Procedural Rights And Detention Conditions
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Author : Wouter van Ballegooij
language : en
Publisher:
Release Date : 2017
Procedural Rights And Detention Conditions written by Wouter van Ballegooij and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Despite the significant EU action and cooperation that has taken place, the rights and detention conditions of those suspected of committing a crime and serving a sentence in the Member States continue to fail to live up to international and EU standards. Judicial cooperation within the EU is not yet fully adapted to this reality, it operates in absence of an EU mechanism monitoring Member States' compliance with practical fundamental rights and lacks specific guidance for alleged violations. EU legislation on suspects' rights is limited to setting common minimum standards. Even so, there are already indications of shortcomings concerning key rights to a fair trial, such as the right to interpretation, translation, information and legal assistance during questioning by the police. Furthermore, certain areas have not been comprehensively addressed, such as pre-trial detention, contributing to prison overcrowding in a number of EU Member States. The outstanding divergent levels of protection also create discrimination between EU citizens. Criminal justice systems remain inefficient and fail to achieve the aims of convicting and rehabilitating the guilty, while protecting the innocent. This impacts on the individuals concerned, in terms of a denial of their rights and material and immaterial damage; on their families; and on Member States' societies more generally. The gaps and barriers identified also have substantial cost implications. Finally, this study assesses the added value of a number of options for EU action and cooperation to contribute to closing these gaps and taking further steps to ensure the effective protection of the rights of suspects and detained persons.
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.
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
Material Detention Conditions Execution Of Custodial Sentences And Prisoner Transfer In The Eu Member States
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Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2011
Material Detention Conditions Execution Of Custodial Sentences And Prisoner Transfer In The Eu Member States written by Gert Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
In 2008, for the European Union, the introduction of the Framework Decision - the principle of mutual recognition to judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. The book contains individual Member State reports resulting from legal practitioners' analyses, backed by additional information drawn from monitoring and evaluation conducted at the Council of Europe (Committee for the Prevention of Torture) and United Nation levels. This will be essential reading for EU policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 41)
Detention In Non International Armed Conflict
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Author : Lawrence Hill-Cawthorne
language : en
Publisher: Oxford University Press
Release Date : 2016-03-24
Detention In Non International Armed Conflict written by Lawrence Hill-Cawthorne and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-24 with Law categories.
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
International Criminal Procedure
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Author : Göran Sluiter
language : en
Publisher: Oxford University Press
Release Date : 2013-03-21
International Criminal Procedure written by Göran Sluiter and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with History categories.
"The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.
Procedural Safeguards For Suspects And Accused Persons In Criminal Proceedings
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Author : Coral Arangüena Fanego
language : en
Publisher: Springer Nature
Release Date : 2020-12-05
Procedural Safeguards For Suspects And Accused Persons In Criminal Proceedings written by Coral Arangüena Fanego and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-05 with Law categories.
Adopting a practical perspective, this book provides a comprehensive analysis of the Directives adopted by the European Union concerning the rights of and safeguards for suspected and accused persons in criminal proceedings. It is the result of a collaboration between scholars and legal practitioners, and the first work of its kind to examine all relevant rights and safeguards in a single volume. The book offers readers panoramic, functional and in-depth insights into the EU legal framework and related European case law, and highlights the main issues and gaps identified by the authors in legal practice. In addition, it provides recommendations, guidelines and effective solutions applicable to criminal proceedings.
The Principle Of Mutual Trust In Eu Criminal Law
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Author : Auke Willems
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11
The Principle Of Mutual Trust In Eu Criminal Law written by Auke Willems and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.
Human Rights In Criminal Proceedings
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Author : Stefan Trechsel
language : en
Publisher: Oxford University Press, USA
Release Date : 2005
Human Rights In Criminal Proceedings written by Stefan Trechsel and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid in both Anglo-Saxon and Continental systems of criminal procedure.The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law. The book will be of interest to all scholars, practitioners, and students of international criminal law.
European Criminal Law
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Author : André Klip
language : en
Publisher:
Release Date : 2012
European Criminal Law written by André Klip and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Criminal law categories.
European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.