Browsing by Subject "administration of criminal justice"
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ItemClosure of the ICTY: doubtful justice in the Former Yugoslavia?( 2007) Ceta, Adriana ; Nowak, Manfred ; Quidenus, CatherineIn order to complete its work and as a result of pressure from the United Nations Security Council, the International Criminal Tribunal for the former Yugoslavia (ICTY) announced a completion strategy that involved the conclusion of the Tribunal’s investigations by 2004, trials by 2008, and appeals by the end of 2010. The completion strategy also involves the transfer of pending cases, to the national courts in the territory where the respective offences were committed. The prospect of such transfers raises serious human right concerns. The present paper explores the current conditions and standards that prevail in the local jurisdictions with respect to its legal systems and in so doing assesses the ability of national Courts to fulfill the requirements set by the referral bench. The author argues that the national courts, while having made significant improvements in the administration of justice, have yet to reach internationally acceptable standards for the adjudication of war crimes and crimes against humanity cases, which questions the ICTY’s decision to transfer such cases to domestic jurisdictions, even in the face of such apprehension, as expressed by it’s Chief Prosecutor. The author, therefore, concludes that the implementation of the completion strategy and the rush to close the ICTY has hampered the administration of justice in the former Yugoslavia.
ItemDemocracy in law or democracy in fact: the importance of effective criminal procedural rights for the development of democracy in Russia( 2013) Nakov, Iris ; Mälksoo, LauriThis thesis examines the impact of the European Convention on Human Rights in the Russian Federation. Since the Convention was ratified fifteen years ago, it is interesting to look at the changes it has brought in the Russian legal system. The thesis focuses on the implementation of Criminal Procedural rights in the Russian legal system. The author will argue that although changes are slow to come, the European Convention on Human Rights has already greatly influenced the Russian legal system. Unfortunately, the current discrepancy between the theory of the law that was developed in the European Court on Human Rights, which has reached the Russian Constitutional Court, and the practical and effective protection of criminal procedural rights prevents individuals from being adequately protected daily. This thesis will therefore attempt to point out various elements in the Russian legal system detrimental to the protection of Criminal Procedural rights.
ItemRestorative justice: a way of rehabilitating offenders and reducing crime in Europe( 2013) Rigoni, Clara ; Buyse, AntoineIn the last twenty years, restorative justice has experienced strong development throughout Europe. However, the scepticism demonstrated by legal practitioners towards these practices has impeded their full implementation. Supranational policy and legislative frameworks have often disregarded the potential of restorative practices. This thesis examines the relationship between restorative justice and the formal criminal justice systems of European states to better understand points of convergence and divergence. The rehabilitative potential of restorative justice and its capability of reducing crime are analysed. The paper presents a general overview of the International and European (Council of Europe and EU) legislative framework in this field; have offenders’ needs adequately been addressed by restorative justice policies and legislation? Issues have also been raised about the compatibility of restorative practices with the human rights of the parties, namely with those of the accused. The informal (or semi-formal) character of restorative initiatives is considered a threat to defendants’ legal rights. Through a detailed analysis of the right to a fair trial I will point out the benefits and risks deriving from the use of these instruments, the gaps existing in current legislation and investigate the possible future role of the EU in this field.
ItemStrategies to combat political threats to judicial independence in Serbia and Bosnia-Herzegovina( 2002) Colorado Zacher, Vanessa ; Vandenhole, Wouter