Accused Rights in Rwandan Law and Comparison to Article 6 of the ECHR PDF Download
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Author: Mutangana Jean Bosco Publisher: LAP Lambert Academic Publishing ISBN: 9783659820793 Category : Languages : en Pages : 96
Book Description
When an individual is arrested and charged with a crime, he or she is guaranteed a variety of rights aimed at insuring that the legal proceedings which follow will be fair. This principle embodies all fair trial rights to the accused and should be implemented by domestic courts in not only criminal but also civil proceedings. The fact that criminal proceedings may imply deprivation of individual liberties and freedoms makes it a pertinent question on to whether domestic authorities conform to the respect of the accused rights, and it is the focus for this book. The Rwandan Constitution and other laws, guarantees these rights, and Rwanda is signatory to many, if not all human rights instruments protecting the rights of the accused. Lack of sufficient experienced and trained personnel has been one of the factors that drove Rwanda to undergo legal and judicial reforms to update its judiciary. For the last 11 years, this has been in practice, but challenges still remain. The ratio of clients to legal services is still small especially in the rural areas, while the many criminal cases go on without legal representation, not because of any reason but lack of means
Author: Mutangana Jean Bosco Publisher: LAP Lambert Academic Publishing ISBN: 9783659820793 Category : Languages : en Pages : 96
Book Description
When an individual is arrested and charged with a crime, he or she is guaranteed a variety of rights aimed at insuring that the legal proceedings which follow will be fair. This principle embodies all fair trial rights to the accused and should be implemented by domestic courts in not only criminal but also civil proceedings. The fact that criminal proceedings may imply deprivation of individual liberties and freedoms makes it a pertinent question on to whether domestic authorities conform to the respect of the accused rights, and it is the focus for this book. The Rwandan Constitution and other laws, guarantees these rights, and Rwanda is signatory to many, if not all human rights instruments protecting the rights of the accused. Lack of sufficient experienced and trained personnel has been one of the factors that drove Rwanda to undergo legal and judicial reforms to update its judiciary. For the last 11 years, this has been in practice, but challenges still remain. The ratio of clients to legal services is still small especially in the rural areas, while the many criminal cases go on without legal representation, not because of any reason but lack of means
Author: Kiiza B. Joseph Publisher: GRIN Verlag ISBN: 3668914265 Category : Law Languages : en Pages : 5
Book Description
Essay from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, , language: English, abstract: This work is guided by the quote “the entire judicial process should not be looked at as an event or even be perceived as a procedure but rather a serious undertaking that ensures the country is governed by the rule of law”(Paul Kagame Judicial Year 2017/18). Fair trials are the only way to prevent miscarriages of justice and are an essential part of a just society. Every person accused of a crime should have their guilt or innocence determined by a fair and effective legal process. But it is not all about protecting the rights of accused, It also makes societies safer and stronger. Without fair trials, citizens may end up being victimized, without fair trials, trust in government and its institutional rule of law collapses. In a fair trial, parties before court are treated equal to defend themselves and present evidence. They must be heard impartially and without any prejudice. There must be a neutral and impartial judge who would ensure that all procedural requirement have been met and keep in mind the rights of the parties in the trial.
Author: KIZITO. NGABO BONGAYI Publisher: LAP Lambert Academic Publishing ISBN: 9783659130120 Category : Languages : de Pages : 0
Book Description
The Rwandan Constitution enshrines the universal and so dear principle of presumption of innocence of the accused until his/ her guilt has been conclusively proved in accordance with the law and in fair trial. However, the Codes of Criminal Procedure and of Civil, Commercial, Social and Administrative Procedure provide for immediate and direct arrest, trial and sentence of the person who commits the acts falling within the ambit of the crime of direct court contempt. The concern, in such circumstances, is that the functions of apprehending, prosecuting and judging the accused which normally, for the purpose of fair trial, are separately done by the judicial police, public prosecution and the judge respectively are left to the latter only who is at the same time the victim of contempt. In similar instances the judge has to voluntarily withdraw from the case or is challenged by the party. Thus, one reasonably wonders the fairness of such trial. This work assesses the rights of the accused during the prosecution of direct contempt from a Rwandan law perspective so as to highlight inconveniences of the foregoing proceedings and the need for effective solutions thereof.
Author: Pietro Sullo Publisher: Springer ISBN: 9462652406 Category : Law Languages : en Pages : 317
Book Description
Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.
Author: Larissa van den Herik Publisher: BRILL ISBN: 9047408136 Category : Law Languages : en Pages : 372
Book Description
This volume offers a thorough analysis of the establishment and the Statute of the International Criminal Tribunal for Rwanda. Furthermore, it gives insight into how the Rwanda Tribunal has operated in practice during its first ten years and it examines the case law on the three major international crimes: genocide, crimes against humanity and war crimes.
Author: Ed Cape Publisher: Intersentia NV ISBN: Category : Law Languages : en Pages : 696
Book Description
Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a
Author: Anne-Marie de Brouwer Publisher: Edward Elgar Publishing ISBN: 1784711705 Category : Law Languages : en Pages : 534
Book Description
The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.
Author: Mutangana Jean Bosco
Author: Mutangana Jean Bosco
Author: Jean Bosco Mutangana
Author: Kiiza B. Joseph
Author: KIZITO. NGABO BONGAYI
Author: 
Author: Pietro Sullo
Author: Larissa van den Herik
Author: William Schabas
Author: Ed Cape
Author: Anne-Marie de Brouwer