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1
Seet, Matthew. « Strengthening the Protection of Stateless Persons from Arbitrary Detention in Immigration Control Proceedings ». European Journal of Migration and Law 17, no 2-3 (24 juin 2015) : 273–86. http://dx.doi.org/10.1163/15718166-12342081.
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There is a growing movement (globally and in Europe) addressing statelessness, and the July 2014 decision of Kim v Russia illustrates the role of the Strasbourg Court as a guardian of one of the most important fundamental rights of the ‘legally invisible’ in Europe. The court held that Russia’s two-year detention of a stateless person with a view to expulsion violated his right to liberty and security under Article 5(1) of the European Convention of Human Rights. This comment argues that Kim v Russia represents an important step forward by the Strasbourg Court in safeguarding the stateless person’s right to liberty and security of person under echr doctrine, by highlighting and addressing the special vulnerability of stateless persons to prolonged, indefinite and cyclical detention in immigration control proceedings, although the court should have gone further and indicated general measures explicitly recommending for Russia to introduce statelessness determination procedures.
2
Bulgakova, Ilona, et Vladimir Rudnev. « DETENTION IN THE LEGISLATION OF EUROPEAN STATES ». Administrative and Criminal Justice 1, no 93 (14 décembre 2022) : 18–28. http://dx.doi.org/10.17770/acj.v1i93.6735.
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The article is devoted to the topical issue of the theory and practice of criminal procedure: the analysis of the problems of the legal regulation of procedural coercive measures - detention and arrest. The authors outline both the constitutional framework of both procedural means and the topicalities of their legal regulation, and also summarize the directives of the Council of Europe and the Parliament. The problem of terms of detention and their review has been defined, guarantees of the rights of detained persons, incl. guarantees of the rights of minor children.At the end of the article, the conclusions and some proposals for the improvement of the legal framework in the Latvian Criminal Procedure Law and the Criminal Procedure Code of the Russian Federation are summarized.
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Maniar, Aisha. « Behind a Wall of Silence : Interpreters and Detainee Vulnerability in Britain’s Immigration Detention Estate ». FITISPos International Journal 6, no 1 (30 avril 2019) : 123–40. http://dx.doi.org/10.37536/fitispos-ij.2019.6.1.193.
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Abstract: Immigration detention, a form of administrative detention, is used increasingly by states as a form of migration control. The United Kingdom has one of the largest immigration detention estates in Europe. Spoken foreign language interpreting provision in such facilities is often found to be lacking or inadequate. Former Prison Ombudsman Stephen Shaw’s critical 2016 review into immigration detention made vital recommendations on various aspects of detainee welfare, including interpreting provision. Shaw’s follow-up report in 2018 noted that interpreting services had improved and were more widely available but that in many cases interpreters were unqualified and that quality remains poor. Based on the limited literature available, this paper will review the current provision of interpreting services in the immigration detention estate, the changes reported between Stephen Shaw’s 2016 and 2018 reports and make suggestions for improvements to the service. Resumen: La sociedad europea actual es cada vez más diversa, lo que desencadena toda clase de retos e inquietudes acerca del nivel en el que personas con distintos orígenes pueden integrarse en la sociedad. El acceso a los servicios públicos es un elemento clave en este proceso, ya que precisamente en estas instalaciones se responden ante las necesidades básicas de los ciudadanos y se garantiza que puedan ejercer sus derechos civiles. Las barreras lingüísticas con frecuencia plantean muros insuperables a la hora de proporcionar servicios en áreas básicas, como la sanidad, la asistencia social y la educación. Deben desarrollarse marcos legislativos tanto a nivel supranacional como nacional para establecer el derecho a una traducción e interpretación eficiente en los servicios públicos y, de forma más general, marcos políticos destinados a garantizar una comunicación efectiva para todo aquel que recurra a un servicio público.
4
Arcos Ramírez, Federico, et Eva Díez Peralta. « Control de fronteras y derechos humanos en el Mediterráneo ». Deusto Journal of Human Rights, no 3 (11 décembre 2018) : 13. http://dx.doi.org/10.18543/djhr-3-2018pp13-47.
Texte intégralRésumé :
<p>This article analyses some of the most controversial aspects of borders control and migratory flows in southern Europe, with the aim of proposing a necessary revision of the immigration and asylum policies in order to bring them in line with the most basic human rights and the requirements of the rule of law. For this purpose, it addresses, in the first place, the problems that are presiding over the development of rescue operations for migrants on the high seas, in particular the identification of clear and precise rules on the responsibilities of States, not only with respect to rescue and humanitarian assistance on boats, but also in relation to the duty to facilitate the disembarkation in their ports of the rescued persons. Secondly, problems of legitimacy derived from the mere existence of coercive controls at the borders and, in particular, from some of its instruments, such carriers sanctions, readmission agreements or the Immigration Detention Centers, in which the use of coercion is more debatable from an ethical and legal point of view.</p><p><strong>Received</strong>: 05 September 2018<br /><strong>Accepted</strong>: 20 October 2018<br /><strong>Published online</strong>: 11 December 2018</p>
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Yanovska, Oleksandra G., Alyona V. Chugaevska et Mykhailo S. Ivanov. « CARGOCULTISM OF PSYCHIATRIC CARE IN CUSTODY ». Wiadomości Lekarskie 74, no 11 (2021) : 2916–21. http://dx.doi.org/10.36740/wlek202111210.
Texte intégralRésumé :
The aim: To analyze the features of the realization mechanism of the persons’ rights who have become ill with a mental illness and are in the detention of adequate (equivalent) medical care. Materials and methods: A set of general and special methods of scientific knowledge were used. The study’s empirical basis consists of international acts and standards in the field of health care, statistics of the United Kingdom, France, the United States, some countries in Eastern Europe and Central Asia, reports of international organizations, the case-law of the European Court of Human Rights. The study also used the personal experience of one of the co-authors as a lawyer for more than 20 years and 4 years as a judge of the Supreme Court. Results: The conducted research gives grounds to state that for the last few decades the problem of receiving psychiatric care in conditions of imprisonment remains relevant. This situation is partly due to the fact that the certain standards’ content is subject to clarification, as it is contained in optional international instruments or is given some understanding solely through the practice of the ECHR. Given the implementation of the prisoners’ right of access to psychiatric care is entrusted primarily to penitentiary institution’s administration, attention should be paid to methodological, material, and staffing of their work while introducing maximum openness of psychiatric care’s algorithms to prisoners and facilitating access to legal aid for the mentally ill. Conclusions: Creating external attributes of mechanisms to ensure the convicts’ right to psychiatric care, the relevant national mechanisms do not take into account the specifics of the detained persons’ legal status. Such a superficial imitation of the system of guarantees of the prisoners’ rights to medical care is a kind of cargo cultism of public institutions, which is designed to provide non-discriminatory conditions for the realization of the right to health care for all categories of the population.
6
Buchkivska, V. L. « Provision of Immediate Conduction of a Medical Examination of a Person as a General Duty of a Judge for the Protection of Human Rights in Aspect of Article 206 of the Criminal Procedural Code of Ukraine ». Medicne pravo, no 1(25) (25 février 2020) : 29–37. http://dx.doi.org/10.25040/medicallaw2020.01.029.
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The Bangalore Principles for the Conduct of Judges of 19 May 2006, adopted by UN Economic and Social Council Resolution 27 July 2006 № 2006/23 [1], stipulate that a judge must exercise his or her judicial function independently, based solely on a factual assessment, in accordance with a conscious understanding of the law. , regardless of outside influence, motivation, pressure, threats or interference, direct or indirect, carried out by any party and for any purpose. It is also stated that the objectivity of a judge is a necessary condition for the proper performance of his duties. It is manifested not only in the content of the decision, but also in all the procedural actions that accompany its adoption.
In accordance with Principle V set out in Recommendation 94 (94) 12 “Independence, effectiveness and role of judges”, adopted by the Committee of Ministers of the Council of Europe at its 518th meeting of the Ministers' Deputies on 13 October 1994 [2], judges are required to the case is impartial, based on its own assessment of the facts and its own interpretation of the law; to ensure that each party has an equal opportunity to be heard and that the procedural rights of each party are respected in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Analysis of recent research and publications. Problems of judicial control and application of Article 206 of the CPC of Ukraine were studied by such scientists as VF Boyko, VS Zelenetsky, VT Malyarenko, OR Mykhaylenko. Some issues of the powers of the investigating judge were considered by VD Bryntsev, YM Groshevy, VI Shyshkiv, ME Shumylo, Glovyuk IV [3].
According to paragraph 18 part 1 of Article 3 of the CPC of Ukraine, the investigating judge is a judge of the court of first instance, whose powers include the exercise in the manner prescribed by this Code, judicial control over the rights, freedoms and interests of persons in criminal proceedings. , provided for in Article 247 of this Code, - the chairman or another judge of the relevant appellate court. The investigating judge (investigating judges) in the court of first instance is elected by the assembly of judges from among the judges of this court.
The main purpose of the investigating judge is to provide judicial protection of the rights and legitimate interests of persons involved in criminal proceedings, and to ensure the legality of the proceedings in the pre-trial stages. This determines the specific nature of his criminal function, which is to ensure the legality and validity of the restriction of constitutional human rights and freedoms in pre-trial proceedings [4].
Article 206 of the CPC of Ukraine defines the general responsibilities of a judge for the protection of human rights.
Thus, in particular, Part 6 of this article provides that if during any court hearing a person alleges the use of violence against him during detention or detention in an authorized public authority, public institution (public authority, public institution, which the law provides the right to detain persons), the investigating judge is obliged to record such a statement or to accept a written statement from the person and: 1) to ensure the immediate conduct of a forensic examination of the person; 2) instruct the relevant body of pre-trial investigation to conduct an investigation of the facts set forth in the person's application; 3) take the necessary measures to ensure the safety of the person in accordance with the law.
First of all, it should be noted that despite the title of the article "General responsibilities of a judge for the protection of human rights", in the article the legislator gives the duty to protect the human rights of the investigating judge and indicates the mandatory procedural steps to be taken. judicial protection of the rights and legitimate interests of persons involved in criminal proceedings. Such a procedural defect leads to different interpretations of this article and, as a consequence, different application in judicial practice. Correctly indicates AP Bushchenko that the "court hearing" in the context of this article is used in the broadest sense, so this duty of a judge exists during any court hearing [5].
It should be noted that on October 17, 2019, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine to Improve Certain Provisions of Criminal Procedure Legislation" entered into force, according to which the parties to criminal proceedings received the right to independently involve an expert to conduct an examination.
For the unity of judicial practice, it is necessary to amend and detail the subjects who should be entrusted with the actions provided for in Part 6 of Article 206 of the CPC of Ukraine and specify in which cases the legal provisions of paragraph 1 of Part 6 of this Article apply. if during any court hearing a person alleges violence during detention or detention in an authorized public authority, state institution (public authority, state institution, which by law has the right to detain persons), the investigating judge is obliged to record such a statement or to accept a written statement from a person and to ensure an immediate forensic examination of the person. In addition, if we are talking about a forensic examination, then in this case should be considered that on the basis of this court decision should be conducted examination, because according to the legal requirements of Part 2 of Article 84 of the CPC of Ukraine is the expert's opinion.
Summarizing the above, it should be noted that Article 206 of the CPC of Ukraine, which defines the general duties of a judge to protect human rights, requires changes and details of certain provisions, in particular in determining the composition of the court, which has the right to judicial protection of rights and legitimate interests. involved in criminal proceedings; detailing the subjects who should be instructed to perform the actions provided for in Part 6 of Article 206 of the CPC of Ukraine and specifying the cases in which the legal provisions of paragraph 1 of Part 6 of this Article are subject to application; and an indication in the law as to whether court decisions adopted pursuant to Article 206 of the CPC of Ukraine are subject to appeal.
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Fuley, T. « The European human rights protection system : challenges as a result of the Russian invasion of Ukraine ». Uzhhorod National University Herald. Series : Law 1, no 72 (16 novembre 2022) : 109–17. http://dx.doi.org/10.24144/2307-3322.2022.72.19.
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The article analyzes the challenges faced by the European human rights protection system since the beginning of a new full-scale phase of armed aggression on the territory of Ukraine. Attention is focused on the gender-based nature of the argumentation used by the Russian military-political leadership to justify the invasion, in particular, its similarity to the typical explanation of the offender who commits domestic violence. Two large groups of challenges caused by the impact of the armed conflict since 24 February 2022 are singled out: the first includes challenges related to the consequences of the cessation of membership of the Russian Federation in the Council of Europe (CoE), i.e. the Russian Federation no longer has the right to be represented in the CoE’s organs or bodies, it is bound to fulfil its full financial obligations, to implement the ECtHR judgements, etc.; the second relates to the likely change in the nature and scope of application to the European Court of Human Rights. Based on statistical data and taking into account that the Court remains competent to deal with applications directed against the Russian Federation in relation to acts or omissions capable of constituting a violation of the Convention provided that they occurred until 16 September 2022, as well as in view of the planned campaign of submissions of thousands of applications against Ukraine in order to discredit it made by lawyers from Russia and the occupied Ukrainian territories, it is predicted that the share of applications against Russia in the ECtHR would be decreasing while the share of applications against Ukraine would be increasing. Depending on the subject composition of the applicants and respondent states, the author singles out four types of potential applications to the ECtHR made by: everyone within the Ukrainian jurisdiction against Ukraine; everyone within the Ukrainian jurisdiction against the Russian Federation (until 16 September 2022); citizens of the Russian Federation residing in Europe against the CoE member state(s); citizens of Ukraine residing in Europe against the CoE member state(s).
It is assumed that one of the biggest challenges for both the ECtHR and the domestic legal system would be applications to the ECtHR against Ukraine submitted not only by victims of armed conflict (or their relatives), but also by convicted persons, in particular, for the commission of war crimes, crimes against humanity and the crime of genocide, and by persons who have suffered restrictions of their rights due to assistance to the aggressor state or as a result of the legal regime of martial law. In this context, for domestic legal system is crucial to comply with procedural obligations under Art. 2 and Art. 3 of the Convention regarding the effective investigation of deaths, allegations of torture and inhuman treatment, the right to a fair trial under Art. 6, the right to liberty and security under Art. 5, in particular when it comes to pre-trial detention, no punishment without law under Art. 7. In non-criminal cases the justification of interference in non-absolute rights guaranteed by the Convention should be done in accordance with the three-step test, and reflected in he well-reasoned court decisions.
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Barr, Helen. « Stories of the New Geography ». Journal of Medieval Worlds 1, no 1 (1 mars 2019) : 79–106. http://dx.doi.org/10.1525/jmw.2019.100005.
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The Refugee Tales project holds a distinctive place amongst 20th and 21st century responses to Chaucer’s Canterbury Tales. The project comprises collections of tales published in textual editions alongside a politically embodied campaign to call an end to the practice of indefinite detention of asylum seekers in the United Kingdom. The tales that are told take the form of an established writer giving voice to those that are caught up in this inhuman process. Some of the oral narratives come from refugees, some from care-workers and supporters, and some from from those caught up in the institutional processes of bureaucracy. These tales are heard and rehearsed on an annual walk that appropriates the pilgrimage route to a new geography that contests political space and its confinements. The project as a whole captures the spirit and purpose of Chaucer’s work. While engagement with textual detail is intermittent, but probing where it appears, this body of work, as Chaucer’s did, gives voice to those whose voices are unheard. The Refugee Tales pick up on how Chaucer integrated a narrative about England into an international geography—though with a difference. While Chaucer sets his stories chiefly outside the shores of England for literary purposes, The Refugee Tales appropriate the space of England to create a borderless nation that is hospitable to persons from Africa, the Middle East, Europe, and in fact a whole international diaspora of nations whose people have become displaced. The Refugee Tales takes its inspiration from Chaucer not to produce a quaint exercise in medievalism or to update his work as a solely intellectual exercise. This project engages minds, body, creativity and political will. International in its remit, it frees the Father of English poetry to kick over the traces of borders that would separate nation from nation, children from parents, and human beings from each other. The Refugee Tales digs deep into the spirit of the medieval past to face up to a pressing and urgent global challenge.
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Кашуба, Ю. А., et Т. С. Хван. « FOREIGN EXPERIENCE OF OVERCOMING THE LANGUAGE BARRIER IN PRISONS ». VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, no 1(100) (31 mars 2022) : 98–107. http://dx.doi.org/10.55001/2312-3184.2022.99.21.009.
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Введение: на сегодняшний день в российских исправительных учреждениях отбывают наказание в виде лишения свободы около 4 % осуждённых иностранных граждан и лиц без гражданства. Такая категория осуждённых до сих пор остается без должного внимания. В 2020 г. исправительная колония № 22 в Республике Мордовия, известная как «тюрьма для иностранцев», даже была перепрофилирована в исправительный центр, а иностранные осуждённые были перенаправлены в иные учреждения. Таким образом, проблемы правового положения, оптимизации средств и методов достижения целей наказания, ресоциализации, постпенитенциарной адаптации или реинтеграции в общество осуждённых иностранных граждан и лиц без гражданства не решаются и остаются актуальными.Материалы и методы: основу исследования составляет законодательство некоторых стран Европы (Бельгии, Великобритании, Германии, Нидерландов, Норвегии, Финляндии, Швейцарии и др.) и Восточной Азии (Китая, Южной Кореи и Японии), научные исследования зарубежных авторов в области соблюдения прав и законных интересов иностранных граждан в местах заключения. Методологическую основу составляют общенаучные и частнонаучные методы: анализ, синтез, сравнение, обобщение, корреляция, экспертные оценки.Результаты исследования: авторы пришли к выводу о том, что реализация прав и законных интересов осуждённых иностранцев в местах лишения свободы непосредственно зависит от правильного доведения до них информации о порядке отбывания наказания, а также от реальной возможности выражения воли в устной или письменной форме при обращении осуждённого. В ходе исследования были выявлены наиболее перспективные способы преодоления языкового барьера в местах заключения из практики тюремных систем некоторых стран Европы и Восточной Азии, а также рассмотрена возможность применения такого опыта в деятельности учреждений уголовно-исполнительной системы Российской Федерации.Выводы и заключения: авторами выработаны предложения по овершенствованию деятельности исправительных учреждений в части преодоления языкового барьера при исполнении наказания в отношении осуждённых иностранцев, а именно использование справочника для осуждённых — иностранных граждан и лиц без гражданства, слабо владеющих или не владеющих русским языком (в схемах и изображениях), который будет содержать основные выдержки из Уголовно-исполнительного кодекса Российской Федерации и Правил внутреннего распорядка исправительных учреждений, а материалы справочника можно переводить на наиболее распространенные среди осужденных языки. Introduction: to date, about 4 % of convicted foreigners and stateless persons are serving their sentences in Russian correctional institutions. This category of convicts still remains without proper attention. In 2020, correctional colony No. 22 in the Republic of Mordovia, known as the “prison for foreigners”, was even converted into a correctional center, and foreign convicts were redirected to other institutions. Thus, the problems remain relevant of the legal status, optimization of means and methods of achieving the goals of punishment, re-socialization, post-penitentiary adaptation or reintegration into society of convicted foreigners and stateless persons.Materials and Methods: the basis of the research is the legislation of some European countries (Belgium, Great Britain, Germany, the Netherlands, Norway, Finland, Switzerland, etc.) and East Asia (China, South Korea and Japan), scientific research by foreign authors in the field of observing the rights and legal interests of foreigners in places of detention. The methodological basis is formed by general scientific and specific scientific methods: analysis, synthesis, comparison, generalization, correlation, expert assessments.The results of the study: the authors came to the conclusion that the realization of the rights and legal interests of foreign convicts in places of deprivation of liberty directly depends on the correct delivery of information about the procedure for serving sentence, as well as on the real possibility of address convict orally or in writing. The research identified the most promising ways to overcome the language barrier in places of detention from the practice of penitentiary systems in some countries of Europe and East Asia, and also considered the possibility of using such experience in the activities of institutions of the Russian penal system.Findings and Conclusions: the authors have selected proposals for improving the activity of correctional institutions in terms of overcoming the language barrier in the sentence enforcement in relation to convicted foreigners, namely, the use of a reference book for convicts foreign citizens and stateless persons who have little or no command of Russian (in diagrams and images), which will be contain the main extracts from the Penal Code of the Russian Federation and the Internal Regulations of Correctional Institutions, and the materials of the reference book can be translated into the most common among convicts languages.
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Barbero González, Iker. « La readmisión de extranjeros en situación irregular entre Estados miembros : consecuencias empírico-jurídicas de la gestión policial de las fronteras internas | The Readmission of Irregular Foreigner Within European Member States : Socio-Legal Consequences of a Police Management of The Internal Borders ». Cuadernos Electrónicos de Filosofía del Derecho, no 36 (27 décembre 2017) : 1. http://dx.doi.org/10.7203/cefd.36.10640.
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Resumen: La comisaría de Policía Nacional de Irun, ciudad situada en la frontera entre los Estados españoles y franceses, en comparación con otras comisarías de la Comunidad Autónoma del País Vasco, tiene los datos más altos de arrestos de extranjeros en situación irregular. Aunque es común encontrar controles policiales cerca del entorno fronterizo esto choca con la idea de eliminación de fronteras en el Unión Europea. El lugar donde estaba la barrera fronteriza ha sido ocupada por un peaje de automóviles construido con una estructura muy particular: con cámara de vigilancia, con garitas para policías, etc. El 70% de las personas detenidas en el Centro de Detención francés de Hendaia en 2015 fueron capturadas en la frontera. Además, los datos de readmisión fronteriza entre los dos estados, en virtud de un acuerdo firmado en 2002, son algo contundentes: 1500 personas han sido expulsadas de media anual (6.000 a lo largo de la frontera). Este estudio de caso de la frontera hispano-francesa pretende ser un estudio exploratorio de una temática desatendida: las fronteras internas. La regulación en estas áreas es diversa. Muchas excepciones y especificidades se aplican, paralelamente o alternativamente a las normas ordinarias de inmigración de los Estados miembro. Teniendo en cuenta todo esto, tenemos que repensar el imaginario de una Europa sin fronteras que se afirma en el Acuerdo de Schengen. Las fronteras interiores de la UE nunca han desaparecido sino mutado en un modelo de gestión policial de las fronteras internas
Abstract: The police station in Irun, a town on the border between the Spanish and French States compared to other police stations in the Basque Country has the highest data of arrests of foreigners in irregular situation is concerned. It is normal, since it is common to find identity police controls near the border surroundings. The place where the border barrier was once was occupied by a car toll constructed with a very particular structure: as a border, with cabins for police men. In addition, the data of border readmission between these two states, under an agreement signed in 2002, is something to look at with special attention: 6.000 people deportaed along the Northen border. 70% of the people detained in the French Detention Centre of Hendaia in 2015 were caught at the border. This case study of the Spanish-French border will put some light in a disregarded topic and object: the internal borders. Regulation in these areas is diverse. Many exceptions and specificities apply, parallel or alternatively to the ordinary immigration rules, as a matter of exception of the Law. Considering all this we need to rethink the imaginary of a borderless Europe stated by the Schengen agreement. Following Balibar in “What is a border?” (2005) the controls multiplied all along the territory as a kaleidoscopic vision. The EU internal borders never disappeared but mutated into a police managed modelo of internal borders.
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Sabaeva, S. V. « Places of Forced Detention under the Jurisdiction of the Ministry of Internal Affairs of Russia ». Actual Problems of Russian Law 17, no 12 (19 novembre 2022) : 68–83. http://dx.doi.org/10.17803/1994-1471.2022.145.12.068-083.
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The paper is devoted to the study of detention, conditions of medical care, nutrition, visiting rights as well as other rights of persons in places of forced detention under the jurisdiction of the Ministry of Internal Affairs of Russia. The author determines the features of the legal status of these persons in relation to their location: 1) in a report room of a police station; 2) in a special reception center for detention of persons under administrative arrest; 3) in a temporary detention facility for suspects and the accused; 4) in a temporary detention center for juvenile offenders; 5) in a temporary detention center for foreign citizens or stateless persons subject to administrative expulsion from the Russian Federation. Results of the analysis of federal laws and administrative and legal acts made it possible to conclude that it is advisable to develop a single standard of detention conditions and ensuring the rights of persons in centers of short-term detention. The author proposes the structure of the Standard which can be prepared on the basis of international standards and that can be of a methodological nature.
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Ustyanceva, Anastasiya D. « To the question of respect for the rights and legitimate interests of persons in places of detention ». Yugra State University Bulletin 12, no 1 (15 avril 2016) : 240–44. http://dx.doi.org/10.17816/byusu2016121240-244.
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The article deals with the problems of observance of the rights and legitimate interests of persons in places of detention. The author of this article reveals the urgency of the problems of observance of rights and legitimate interests of persons in places of detention and assess current state. The author outlined the main activities of law-enforcement and other bodies to ensure the rights and legitimate interests of persons in places of detention.
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Cheliotis, Leonidas K. « Introduction : Immigration detention around Europe ». European Journal of Criminology 10, no 6 (novembre 2013) : 690–91. http://dx.doi.org/10.1177/1477370813497874.
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Karavaev, I. V. « Detention and Remand in Custody : Comparative Legal Analysis ». Actual Problems of Russian Law 15, no 3 (9 avril 2020) : 145–53. http://dx.doi.org/10.17803/1994-1471.2020.112.3.145-153.
Texte intégralRésumé :
The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.
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Ишков, Юрий Владимирович, Yuriy Vladimirovich Ishkov, Владимир Сторожук et Vladimir Anatolyevich Storozhuk. « Medical-social and organizational legal aspects of ensuring safety of persons contained in detention centers of penitentiary system of Russia ». Vestnik of Astrakhan State Technical University 2019, no 2 (19 novembre 2019) : 68–76. http://dx.doi.org/10.24143/1812-9498-2019-2-68-76.
Texte intégralRésumé :
The article discusses the medical, social, organizational and legal problems of ensuring the safety of persons kept in pre-trial detention centers of the penal system. The ever-increasing influence of the criminal environment on the individuals kept in the Russian pre-trial detention centers has been stated. Among the appointed problems there have been emphasized the socio-demographic and criminogenic factors (deterioration of the criminogenic composition of the persons kept in pre-trial detention centers of the Federal Penitentiary Service) as the most significant ones. The rights of the suspects and the accused, the circumstances of their detention in sentences serving facilities, measures preventing crimes against the person have been listed. A particular attention is paid to ensuring the health of the contingent in the pre-trial detention centers
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Kovalevskyi, A. V. « PECULIARITIES OF DETENTION OF PERSONS FOR CRIMINAL OFFENSES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE ». Scientific Herald of Sivershchyna. Series : Law 2022, no 2 (12 juillet 2022) : 80–88. http://dx.doi.org/10.32755/sjlaw.2022.02.080.
Texte intégralRésumé :
The author considers the features of criminal offenses in the article, which are related to extremism based on a comprehensive analysis based on previous studies of national scientists in which there is no consensus on the signs of intolerance draws conclusions and characterizes such acts, identifies their individual characteristics. Particular attention is paid to the detention conditions while realization of the preventive measures in the form of detention of such categories of persons accused of committing crimes on the grounds of racial, national or religious intolerance, which is important in the field of human rights, in isolation, overcoming discrimination against all its manifestations and ensuring personal safety. The author emphasizes that the pre-trial detention centers of the State Criminal and Executive Service of Ukraine are an institution for the implementation of a preventive measure in the form of detention, so considerable attention should be paid to the reception and placement of this category of prisoners. The article offers proposals for improving national legislation to allocate this category of persons to a separate group. It is concluded that attention is not paid enough to the personal safety of the personnel of penitentiary institutions. A number of specific issues have been clarified, namely the recommendations of the personnel of penitentiary institutions in which such persons are detained. Personnel should be careful and vigilant in dealing with them, aware of their life directions, fanaticism, radical views of those under fire for committing criminal offenses based on racial, national or religious intolerance. Key words: pre-trial detention, detention on grounds of racial, national or religious intolerance, hatred, hostility, categories of persons, penitentiary institution, detention center, penitentiary system.
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Jengic, V. Sendula, et A. Jengic Bujan. « Psychiatric treatment of mentally ill persons in custody – legal, medical and ethical issues ». European Psychiatry 64, S1 (avril 2021) : S380. http://dx.doi.org/10.1192/j.eurpsy.2021.1018.
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IntroductionThe most recent legal regulations in the Republic of Croatia govern the process of criminal procedure for persons in pre-trial detention who have a temporary mental disturbance for which psychiatric treatment is needed. The Prison Director is in this case obliged to seek psychiatric treatment for such persons who are then hospitalized in a psychiatric institution instead of a prison hospital or prison that meets the requirements prescribed by law for the accommodation of pre-trial detainees. Forensic departments of the five psychiatric hospitals in Croatia accept mentally incapable persons subject to court order, but not persons in custody, i.e. in pre-trial detention. Pre-trial detention is a measure imposed in the previous proceedings to ensure that the person to whom the measure is imposed is present during the pre-trial stage and the hearing stage, i.e. after the final judgment has been rendered until it becomes final. According to Croatian laws, a person who has been sentenced to pre-trial detention and who has mental disorders is entitled to a range of rights that must be respected, and at the same time, there are strict restrictions in exercising those same rights for the reason of sentencing to pre-trial detention.ObjectivesThe article points to several problems that have arisen in practice due to the under-regulation of pre-trial detention measures.MethodsPerspective, opinion, and commentary article.ResultsPerspective, opinion, and commentary article.ConclusionsThe authors discuss legal, medical, and ethical issues, but also the financial framework of such a process.
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Drdúlová, Irena, et Václav Stehlík. « The detention of children in asylum procedures in Europe : Regulatory framework and alternatives ». Bratislava Law Review 2, no 2 (31 décembre 2018) : 64–78. http://dx.doi.org/10.46282/blr.2018.2.2.108.
Texte intégralRésumé :
The article focuses on the regulation of the detention of children in asylum procedures in Europe with a special focus on EU law. It clarifies the framework of both international and European regulation, relevant case-law of the European Court of Human Rights and EU Court of Justice as well as soft law instruments adopted in this area. The article discusses grounds for detention, the requirements of necessity and proportionality, procedural safeguards as well as the dignity and human conditions in detention. A special attention is paid to the alternatives to detention, including detention of unaccompanied or separated children or families with children. It adds examples of the good practice.
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Koshiev, Nurbek Usenbekovich, et Ailen Dokturbekovna Adambekova. « PROCEDURAL FOUNDATIONS FOR DETENTION OF PERSONS IN SEARCH ». Theoretical & ; Applied Science 60, no 04 (30 avril 2018) : 151–54. http://dx.doi.org/10.15863/tas.2018.04.60.29.
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Garceau, Marie-Luce. « La détention provisoire au Québec : une pratique judiciaire courante ». Criminologie 23, no 1 (16 août 2005) : 117–34. http://dx.doi.org/10.7202/017290ar.
Texte intégralRésumé :
Little is known in Québec about detention before sentencing also known as provisionnel detention. This is a study of the population admitted to provisionnel detention between 1981 and 1985. The author presents the conceptual framework in which this study was undertaken and, with the help of statistical data, she draws a portrait of the population concerned. The author points out there is a disparity between the theory and practice of provisionnel detention. Furthermore, it is used disproportionately for marginal groups of detained persons.
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Daly, Oscar E. « Detention – the grey area ». Psychiatric Bulletin 13, no 1 (janvier 1989) : 12–13. http://dx.doi.org/10.1192/pb.13.1.12.
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In September 1978 the Government published a review of the Mental Health Act (1959). This review was prompted to a large degree by an increasing awareness of the rights of the mentally ill and by an awareness among psychiatrists of the limits of their management procedures. The proposals of this review were largely incorporated into the Mental Health Act (1983). Among the proposals so incorporated was one that persons could not be detained in hospital against their will for assessment or treatment “by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs”.
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Dragojlović, Joko, et Ljubica Prica. « Critical Review of Decision on Detention and Rights of the Detained Person ». Kultura polisa 19, no 4 (21 décembre 2022) : 100–123. http://dx.doi.org/10.51738/kpolisa2022.19.4r.100dp.
Texte intégralRésumé :
By detention, in the pre-investigation procedure, one person is deprived of his liberty, which results in limited freedom of movement of that person, with the simultaneous establishment of other restrictions on the detained person. An arrested person, as well as a suspect, can be detained. These persons are detained on the basis of a decision on detention, which is announced, made and served by the public prosecutor, or upon his approval by the police. According to this decision, the detention of a person can last for a maximum of 48 hours. Bearing in mind that this formal act restricts the detained person's proclaimed right to freedom for the purpose of unhindered conduct of criminal proceedings, while freedom of movement is one of the basic human rights in a democratic society, this clearly shows the importance of the legal treatment of the authorities in the pre-investigation procedure towards the detained person, as and the legality of the detention decision itself. In order for the detention of a person to be justified, it must be legal in both material and procedural terms. Otherwise, there would be a legal basis for the detained person to claim damages, due to the arbitrary detention made against him by the authorities. This article points out the formal-legal determinations of the decision on detention, and the rights of adult persons who have been detained for a hearing, with the aim of pointing out some perceived shortcomings after conducting research and analyzing data from the decision on detention and proposing some legal improvements.
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Brandariz, José A., et Cristina Fernández-Bessa. « Coronavirus and Immigration Detention in Europe : The Short Summer of Abolitionism ? » Social Sciences 10, no 6 (12 juin 2021) : 226. http://dx.doi.org/10.3390/socsci10060226.
Texte intégralRésumé :
In managing the coronavirus pandemic, national authorities worldwide have implemented significant re-bordering measures. This has even affected regions that had dismantled bordering practices decades ago, e.g., EU areas that lifted internal borders in 1993. In some national cases, these new arrangements had unexpected consequences in the field of immigration enforcement. A number of European jurisdictions released significant percentages of their immigration detention populations in spring 2020. The Spanish administration even decreed a moratorium on immigration detention and closed down all detention facilities from mid-spring to late summer 2020. The paper scrutinises these unprecedented changes by examining the variety of migration enforcement agendas adopted by European countries and the specific forces contributing to the prominent detention decline witnessed in the first months of the pandemic. Drawing on the Spanish case, the paper reflects on the potential impact of this promising precedent on the gradual consolidation of social and racial justice-based migration policies.
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Musiichuk, Maria, et Elizaveta Shuleva. « The Dynamics of Mental States of People Under Investigation ». Всероссийский криминологический журнал 12, no 6 (24 décembre 2018) : 874–84. http://dx.doi.org/10.17150/2500-4255.2018.12(6).874-884.
Texte intégralRésumé :
The relevance of the results of this empirical research is based on a number of factors. Firstly, the knowledge of the causes and dynamics of different psychological states makes it possible to single out psychological patterns emerging in similar circumstances, accurately predict the behavior of the person under investigation, identify atypical situational or accidental conditions, and avoid mistakes in their description. Secondly, the study of mental states of a person deprived of liberty is valuable for the organization of the whole correctional process and the development of recommendations on preventing the destructive behavior of persons under investigation when it is caused by their mental state. The study touches upon little-studied issues of changes in the mental states of persons put in the temporary detention facilities. The analysis of the obtained data showed that longer periods spent in detention facilities lead to such negative changes in mental states of people under investigation as an increase of unmotivated anxiety, psycho-emotional tension, emotional lability, irritation, sadness, boredom, low spirits, poor well-being and activity, inmates develop sensory deprivation, frustration, hypoxia, and a deeper depression. At the same time, there is an increase in sociability, activity, and extraversion. Limitation of the freedom of actions and motor activity is compensated by a considerable increase in verbal activity, there is a greater desire for a trustful and open interaction with other people, a growth in self-criticism. To satisfy the need for communication and verbal activity, it is necessary to give people under investigation a chance to meet representatives of different religious denominations and the detention facility’s psychologist. After longer periods of detention persons under investigation begin to express characteristics typical of criminal behavior: boldness, inappropriate familiarity, tendency to take risks, resourcefulness, impatience, maximalism, love of freedom, courage and decisiveness. Time spent in a detention facility is most effective for optimizing the mental state of persons under investigation, developing constructive scenarios of serving a sentence and future successful re-socialization. When persons under investigation are transferred to penal colonies, their mental state is predicted to deteriorate.
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Dorosh, E. Yu. « Detention and inspection of persons during operational search activities ». Право и государство : теория и практика, no 5 (2022) : 125–28. http://dx.doi.org/10.47643/1815-1337_2022_5_125.
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Vernick, JD, MPH, Jon S., Maxim Gakh, JD, MPH et Lainie Rutkow, JD, PhD, MPH. « Emergency detention of persons with certain mental disorders during public health disasters : Legal and policy issues ». American Journal of Disaster Medicine 7, no 4 (1 septembre 2012) : 295–302. http://dx.doi.org/10.5055/ajdm.2012.0102.
Texte intégralRésumé :
Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe.When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist.The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.
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Akhtar, Zia. « Detention Before Deportation : Merits Based Review, and the Need for More Oversight of Vulnerable Detainees ». European Public Law 26, Issue 2 (1 juin 2020) : 265–86. http://dx.doi.org/10.54648/euro2020044.
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Blinkova, Elena V. « Certifi cation of Proxies of the Persons Placed in Detention Facilities by the Detention Facility Heads ». CRIMINAL-EXECUTORY SYSTEM : LAW, ECONOMICS, MANAGEMENT 3 (11 mai 2017) : 5–8. http://dx.doi.org/10.18572/2072-4438-2017-3-5-8.
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Milović, Marko. « Impact on witnesses, accomplices or concealers as grounds for detention (dilemmas and possible abuses in practice) ». Megatrend revija 19, no 1 (2022) : 97–108. http://dx.doi.org/10.5937/megrev2201097m.
Texte intégralRésumé :
The impact on witnesses, accomplices or cover-ups is one of the most common grounds for detention. For years and decades, these provisions did not change because they were considered clear and unambiguous. However, there are situations in which this basis can be questionable when deciding on determining, extending or abolishing the detention of the accused. For example, what good is it that a defendant who is in custody cannot influence witnesses, when his family, friends, lawyers, etc. can do so. The epilogue is the same, which is that the impact on witnesses, accomplices or cover-ups still exists, but not by the defendant, but by the above persons, which essentially discourages the defendant from being in custody. Seemingly indisputable legal provisions on detention even though they exist for decades have their shortcomings, which are therefore subject to different interpretations and abuses. The loss of freedom, even if it is temporary, must not be a consequence of existing provisions and the facilitation of detention of persons prosecuted. After all, because of such behaviour by the courts, Serbia as a state pays millions in damages to those individuals in the name of unfounded detention. Therefore, the impact on witnesses, accomplices or concealers as grounds for determining and prolonging detention should be very restrictive. On the dilemmas and problems related to this basis, judicial practice has not been "addressed" for decades, nor has it given any significance, nor has there been any interest, finding that all provisions in Article 211 are completely acceptable and understandable to the ZKP.
30
Torrey, Philip. « Rethinking Immigration’s Mandatory Detention Regime : Politics, Profit, and the Meaning of “Custody” ». University of Michigan Journal of Law Reform, no 48.4 (2015) : 879. http://dx.doi.org/10.36646/mjlr.48.4.rethinking.
Texte intégralRésumé :
Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized country. An immigration law, known as the mandatory detention statute, is partially to blame for this recordbreaking immigration detention population. Under this law, facilities may hold noncitizens without providing them an opportunity to ask for release.
31
Szmukler, George. « Involuntary Detention and Treatment : Are We Edging Toward a “Paradigm Shift” ? » Schizophrenia Bulletin 46, no 2 (5 janvier 2020) : 231–35. http://dx.doi.org/10.1093/schbul/sbz115.
Texte intégralRésumé :
Abstract Recent challenges to conventional mental health laws concerning involuntary detention and treatment of persons with a mental disorder have led to proposals, or indeed an insistence, that fundamental reform is necessary. A key theme has been the need to eliminate unfair discrimination against people with a mental disorder because their human rights are not respected on an equal basis with other people. Some proposals depart radically from conventional assumptions concerning the justification of involuntary detention and treatment. One is a “fusion law,” a generic law applying to all persons lacking the ability to make a treatment decision, whether resulting from a “mental” or “physical” illness. An authoritative interpretation of the UN Convention on the Rights of Persons with Disabilities (2006) goes so far as to maintain that involuntary interventions are a violation of the Convention.
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Martufi, Adriano, et Christina Peristeridou. « The Purposes of Pre-Trial Detention and the Quest for Alternatives ». European Journal of Crime, Criminal Law and Criminal Justice 28, no 2 (9 juillet 2020) : 153–74. http://dx.doi.org/10.1163/15718174-bja10002.
Texte intégralRésumé :
In this article, we take issue with the echr standards on pre-trial detention. These standards are considered panacea for the reported overuse of pre-trial detention in Europe. They focus on the legitimate purposes of detention as safeguards to ensure the principle of ultima ratio. Yet these purposes are heterogeneous as pre-trial detention protects the pending proceedings but also averts risks pertinent to criminal policy. In our analysis we discuss the shortcomings of the echr standards to fully protect from abusive detention. Moreover, we reveal internal inconsistencies with the presumption of innocence. One major example is the use of pre-trial detention to prevent re-offending, which blurs the boundaries between custody on remand and preventive detention. Additionally, we delve deeper into the obligation to use milder measures as part of the echr standards, which remains superficial and vague. Conclusively, we encourage the reflection and re-examination of the echr standards for pre-trial detention, instead of focusing merely on their better enforcement.
33
Bermejo, Rut. « From Irregular Stay to Removal through Detention : The Case of Spain as a Member State of the European Union ». Migration Letters 15, no 3 (7 juillet 2018) : 321–32. http://dx.doi.org/10.33182/ml.v15i3.355.
Texte intégralRésumé :
The fight against human smuggling and irregular migration is a worldwide priority. Removal of persons irregularly living in a European country is said to be an instrument to deter irregular migration. In this context, detention to secure removal of those who enter or stay irregularly is proclaimed to be an effective instrument in European policies. However, in the case of Spain, data collected and in-depth interviews show that detention of irregular/smuggled immigrants has a minor effect on the number of removals fulfilled. Thus, the idea that detention can work not only to increase return effectiveness but also as a deterrence measures seems to be unreal.
34
Rudnev, Vladimir. « SOME PROBLEMS OF DETAINEES AND PERSONS’ SENTENCED TO IMPRISONMENT NUMBER REDUCING IN THE RUSSIA FEDERATION ». Administrative and Criminal Justice 1, no 86 (31 mars 2019) : 61. http://dx.doi.org/10.17770/acj.v1i86.4222.
Texte intégralRésumé :
Some aspects оf criminal policy related to the number of detainees and persons convicted to imprisonment have been disclosed in the paper. The repressiveness’s increase of the Russian Federation Criminal code, which was adopted in 1996 has been discussed. The author has concluded that there is a necessity in reducing of the number of detainees and persons convicted to imprisonment in the Russia Federation. The negative consequences of detention and serving a sentence in jail have been emphasized. Courts’ work on the application of a preventive measures in the form of detention have been analyzed. The shortcomings of the Russian Federation of criminal-procedural legislation have been pointed out. The author pays attention on the extension of detention periods. It is concluded that there is necessity in strengthening of the court power. It is proposed to develop specialization of judges. The suggestion about introducing of the position of penitentiary judge has been supported. The decisions of European Court of Human Rights are provided. The suggestions for improvement of some federal laws are made. It is proposed to adopt a law about probation.
35
Pejic, Jelena. « Procedural principles and safeguards for internment/administrative detention in armed conflict and other situations of violence ». International Review of the Red Cross 87, no 858 (juin 2005) : 375–91. http://dx.doi.org/10.1017/s1816383100181408.
Texte intégralRésumé :
AbstractDeprivation of liberty for security reasons is an exceptional measure of control that may be taken in armed conflict, whether international or non-international. Administrative detention of persons believed to represent a threat to State security is also being more and more widely practised outside of armed conflict situations. This paper argues that both internment and administrative detention are insufficiently elaborated from the point of the view of the protection of the rights of the persons affected. Drawing on international humanitarian law and on human rights law and standards, the paper proposes a set of procedural principles and safeguards that should — as a matter of law and policy — be applied as a minimum to all cases of deprivation of liberty for security reasons.
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Zinkler, Martin, et Stefan Priebe. « Detention of the mentally ill in Europe - a review ». Acta Psychiatrica Scandinavica 106, no 1 (juillet 2002) : 3–8. http://dx.doi.org/10.1034/j.1600-0447.2002.02268.x.
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Stafeckis, Jānis, et Agris Labanovskis. « PROCEDURAL DOCUMENTS DESIGN PROBLEMS IN ADMINISTRATIVE CASE TO OFFICIALS OF THE STATE BORDER GUARD ». BORDER SECURITY AND MANAGEMENT 2, no 7 (5 juillet 2018) : 154. http://dx.doi.org/10.17770/bsm.v2i7.3478.
Texte intégralRésumé :
In the paper, the main problems and conflicts that arise and could arise in the administrative cases are reflected, including various procedural documents. The authors describe the main problems in the work of State Border Guard employees in drafting administrative protocols of offenses, administrative detention protocols, inspection protocols, accepting explanatory persons, explaining human rights. The paper also identifies the main factors, why the State Border Guard has a relatively high percentage of appealed procedural documents. The article compares some of the norms of the Latvian Code of Administrative Offenses and some provisions of the Constitution which, in the opinion of the authors, are contradictory. These norms relate directly to the administrative detention of persons and the free movement of persons. The work is mainly based on the problems related to the completion of procedural documents that are ascertained by interviewing employees of the State Border Guard, who are directly involved in the review of administrative cases.
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Fekete, Liz. « Detained : foreign children in Europe ». Race & ; Class 49, no 1 (juillet 2007) : 93–104. http://dx.doi.org/10.1177/0306396807080071.
Texte intégralRésumé :
The EU's target-driven and draconian deportation policy towards asylum seekers and undocumented migrant workers has a shocking but little heeded impact on minors, whether the children of asylum-seeking families, separated/unaccompanied minors seeking refuge or the children of sans papiers. The detention of children whose only crime is their parentage is now commonplace across Europe and often in contravention of international law. The harm done to children, as documented here, is incalculable.
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de Zayas, Alfred. « Human rights and indefinite detention ». International Review of the Red Cross 87, no 857 (mars 2005) : 15–38. http://dx.doi.org/10.1017/s1816383100181172.
Texte intégralRésumé :
AbstractInternational human rights law abhors a legal black hole. It applies wherever a State exercises its jurisdiction, not only in peacetime but also during armed conflict, as a compliment to humanitarian law. The deprivation of liberty is subject to certain conditions, and even initially lawful detention becomes arbitrary and contrary to law if it is not subject to periodic review. Indefinite detention is incompatible with Article 9 of the International Covenant on Civil and Political Rights. While temporary derogation from this provision is allowed in Article 4 of the ICCPR, such derogation is only possible “in time of public emergency which threatens the life of the nation” and “to the extent strictly required by the exigencies of the situation” Persons deprived of their liberty are entitled to a prompt trial or release, and in cases of arbitrary detention, they are entitled to compensation. Neither the war on terror nor restrictive immigration policies justify indefinite detention.
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Karavaev, I. V., A. N. Kimachev, V. V. Prokudin, S. N. Suharev et S. N. Matulis. « Features of the design and construction of pre-trial detention centers in Russia, taking into account environmental standards ». E3S Web of Conferences 217 (2020) : 01011. http://dx.doi.org/10.1051/e3sconf/202021701011.
Texte intégralRésumé :
Pre-trial detention of persons accused of committing a criminal offense is an integral measure in the justice system of any state. In most countries, there are specialized institutions for maintenance of this category of citizens. In Russia, they are called pre-trial detention centers. Such institutions belong to the penitentiary systems. By isolating a potential offender, pre-trial detention centers perform several tasks: 1) exclude the possibility of persons to hide from the investigation and the court; 2) make it impossible for them to continue criminal activities; 3) maximally complicate their obstruction of establishment of truth in a criminal case. Implementation of these tasks is facilitated to the maximum extent by proper design and construction of pre-trial detention centers, competent placement of facilities, security buildings and premises, optimal use of special gratings, doors and locks. The article deals with the regulation of design and construction standards of pre-trial detention centers by Russian legislation. The authors analyze the experience of penitentiary systems of foreign states, as well as the norms in force in Russia, highlighting strengths and weaknesses. The actual double subordination is established in solving the current problem. On the one hand, the department executing the preliminary report, on the other, the department organizing and controlling design and construction of institutions executing preventive measure. Such inconsistency creates problems in practical application of provisions of existing norms, leads to errors and, as a result, inadequate performance of isolation of suspects and accused of committing crimes. Based on the results of the study, it was proposed to create a unified legal document regulating the procedure for design and construction of pre-trial detention centers. There is a need to exclude the listed issues from provisions of documents not related to design and construction sphere. This will provide proper, common understanding of existing problems and their faster resolution.
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Euvrard, Elsa, et Chloe Leclerc. « Pre-trial detention and guilty pleas : Inducement or coercion ? » Punishment & ; Society 19, no 5 (4 octobre 2016) : 525–42. http://dx.doi.org/10.1177/1462474516670153.
Texte intégralRésumé :
This article examines why accused persons in pre-trial detention decide to plead guilty. Relying on the understanding of coercion proposed by Brunk, the article go beyond his analysis to show how pre-trial detention can exert pressure on an accused individual, who then feels coerced into pleading guilty. Interviews with 12 accused and 12 lawyers showed that in certain situations pre-trial detention can be a source of coercion, particularly if there are lengthy procedural delays and eventual sentences can be expected to be fairly short. However, there are other situations in which custodial remand acts as an inducement rather than as coercion or does not exert any pressure on the accused.
42
Zhenetl’, Svetlana Z., et Yulia R. Sirazitdinova. « On the Award of Compensation for Violation of the Conditions of Detention and Detention in a Correctional Institution in Civil and Administrative Proceedings ». Rossijskoe pravosudie, no 11 (25 novembre 2022) : 26–35. http://dx.doi.org/10.37399/issn2072-909x.2022.11.26-35.
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The article deals with compensation for violations of conditions of detention and in a correctional institution. The relevance of this problem is due to the fact that a new rule has been introduced into the Code of Administrative Procedure of the Russian Federation that protects the constitutional rights of persons limited by law in freedom from illegal actions of state authorities. The authors analyzed Russian law and judicial practice on the issues of awarding compensation to persons limited in freedom, according to the rules of administrative proceedings and civil proceedings. In conclusion, it is concluded that the material norms of civil law on compensation for moral damage for violation of conditions of detention are general in relation to Art. 227.1 of the Code of Administrative Procedure of the Russian Federation.
43
Campbell, Tom D. « Mental Health Law : Institutionalised Discrimination ». Australian & ; New Zealand Journal of Psychiatry 28, no 4 (décembre 1994) : 554–59. http://dx.doi.org/10.1080/00048679409080778.
Texte intégralRésumé :
The aim of the paper is to propose that special mental health laws be replaced by generic protection and prevention legislation. The arguments used for the detention and compulsory treatment of persons with mental illnesses are analysed, and found not to justify protection and prevention rules which apply only to persons with mental illnesses. Two separate systems of legal intervention should be established to deal with (1) all persons in need of compulsory care and (2) all persons who require to be detained for the prevention of harm to others.
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Novodon, Vladimir V. « Legal basis for the operational and official activities of criminal investigation officers in the disclosure of crimes, existing problems and ways to solve them ». Law Нerald of Dagestan State University 43, no 3 (2022) : 160–68. http://dx.doi.org/10.21779/2224-0241-2022-43-3-160-168.
Texte intégralRésumé :
The article defines the main of the problems arising in the course of the operational activities of criminal investigation officers, related to the detention of persons in respect of whom there are grounds to believe that they have previously committed a crime. Purpose: to find ways to solve it, the implementation of which will entail an increase in the efficiency in the work of employees of operational units directly related to combating crime. Methodological basis – analysis of the causes and conditions of the existing gap in the law. Study of the practice of police officers related to the detention of persons against whom there are grounds to believe that they were involved in the commission of a crime, in terms of the application of the Code of the Russian Federation on Administrative Offenses. Analysis of the legality of the use of physical force and special means during the implementation of the so-called operational detention. The totality of the use of the so-called operational detention. operational and organizational methods contribute to the rapid receipt of data on the regulation of the work of officials of the Ministry of Internal Affairs of Russia. Results: On the basis of the data obtained, a number of organizational and legislative measures have been identified that contribute to the expansion of the powers of the criminal investigation officer. Conclusions: the full implementation of the duties assigned to the criminal investigation officer to combat crime is impossible without giving the employees of this unit the right to promptly detain persons in respect of whom there is information about their involvement in a previously committed crime. The adoption of a regulatory legal act amending the current legislation will contribute both to increasing efficiency in work and eliminating the conditions for bringing these employees to justice in connection with the abuse of power.
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Mancano, Leandro. « Storming the Bastille : Detention conditions, the right to liberty and the case for approximation in EU law ». Common Market Law Review 56, Issue 1 (1 février 2019) : 61–90. http://dx.doi.org/10.54648/cola2019004.
Texte intégralRésumé :
In recent years, detention conditions in the EU have come in the spotlight as an issue of extreme relevance. Concerns about appalling standards of living in places of deprivation of liberty have emerged transversally in the area of freedom, security and justice (AFSJ). The risk that poor detention conditions result in inhumane or degrading treatment – prohibited by Article 4 of the EU Charter of Fundamental Rights (CFREU) – has served to limit the operation of secondary EU law. This has occurred in the framework of forced movement of persons as between Member States, and has mainly called into question the level of protection ensured in the State where the person will be transferred. This may hold true for both asylum law and mutual recognition in criminal matters. While the broader debate on detention conditions has hitherto focused on Article 4, the impact on the right to liberty under Article 6 CFREU has been underexplored. This paper submits that detention conditions must be studied from the perspective of the right to liberty, and makes the case for approximation of detention conditions at EU law level.
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Simonovic, Perisa, Milutin Nenadovic et Dragana Momcilovic. « Reasons and conditions for involuntary hospitalization with special emphasis on detention without consent of mentally disordered person who voluntarily started hospital treatment ». Srpski arhiv za celokupno lekarstvo 139, suppl. 1 (2011) : 21–25. http://dx.doi.org/10.2298/sarh11s1021s.
Texte intégralRésumé :
The nature of some mental illness is such that persons affected by their conduct endangering life, health and safety, as well as life, health and safety of others from their surroundings. These persons, because of their mental condition, are often unable to properly assess their own interest. Because of the above it is permitted for these persons, under certain circumstances, to be forcibly hospitalized against their will. However, the problem of involuntary hospitalization of persons with mental disorders remains a controversial and complex ethical and legal problem, because it is characterized by a conflict of opposing interests and moral values. The main reason is the fact that involuntary hospitalization is an act of deprivation of liberty and intervention into the personal integrity, which at that the measure is taken against the individual who has not committed any crime. In order to provide restricted approach to the application of compulsory hospitalization, it is necessary to pass a legislation on the protection of persons with mental disorders that would more closely define the undertaken proceedings, reasons and conditions for involuntary detention and involuntary hospitalization in a psychiatric institution, forced detention of voluntarily hospitalized persons and penal policy violation of this law. It is necessary to initiate the procedure for amending the Law on Contested Procedure, which would reform the procedure for compulsory hospitalization, as an important segment of mentally disordered persons? rights, in order to be in accordance with international and European standards within this field.
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Marinescu, Delia Mihaela. « "THE RIGHTS OF PERSONS DEPRIVED IN FREEDOM DURING THE COVID-19 PANDEMIC. INCIDENCE OF JUDICIAL ERROR" ». JUS ET CIVITAS -A Journal of Social and Legal Studies 8(72), no 2 (2022) : 8–17. http://dx.doi.org/10.51865/jetc.2021.02.02.
Texte intégralRésumé :
Respect for human rights in general, but also for persons deprived of their liberty is a constant concern in any democratic state, which determines both the involvement of the courts in guaranteeing all rights in proceedings against persons in detention, and a special attention from the public authorities for outlining rules capable of effectively implementing legal regulations, but also the jurisprudence of European courts.
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Merkel, Grischa. « Incompatible Contrasts ? — Preventive Detention in Germany and the European Convention on Human Rights ». German Law Journal 11, no 9 (septembre 2010) : 1046–66. http://dx.doi.org/10.1017/s2071832200020095.
Texte intégralRésumé :
AbstractThis article will give an overview of the idea and history of origins of preventive detention and the legal changes in the German Criminal Code that underlie the decision of the European Court of Human Rights (ECHR) (17 December 2009). It will attempt an outlook by considering the prospective outcome of future law suits against German legal statutes relating to preventive detention, and will also describe the present situation and current legal recommendations, including the much-discussed alternative of detention in psychiatric wards. The article will close with a brief comparative look at the related legal problems arising in countries with a criminal law which is based on the establishment of personal guilt of the offender while facing public pressure to detain persons for protective reasons.
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Tuck, David. « Detention by armed groups : overcoming challenges to humanitarian action ». International Review of the Red Cross 93, no 883 (septembre 2011) : 759–82. http://dx.doi.org/10.1017/s1816383112000069.
Texte intégralRésumé :
AbstractArmed conflict and deprivation of liberty are inexorably linked. Deprivation of liberty by non-state armed groups is a consequence of the predominantly non-international character of contemporary armed conflicts. Regardless of the nature of the detaining authority or the overarching legality of its detention operations, deprivation of liberty may nonetheless have serious humanitarian implications for the individuals detained. Despite a need for humanitarian action, effective engagement is hampered by certain threshold obstacles, such as the perceived risk of the group's legitimization. Since the formative work of the International Committee of the Red Cross (ICRC)'s founder, Henry Dunant, the ICRC has sought to overcome these obstacles. In doing so it draws upon its experience of humanitarian action in state detention, adapting it to the exigencies of armed groups and the peculiarities of their detention practice. Although not without setbacks, the ICRC retains a unique role in this regard and strives to ameliorate the treatment and conditions of detention of persons deprived of liberty by armed groups.
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O'Loughlin, Geoffrey, Simon Beecham, Stephen Lees, Lawrence Rose et Douglas Nicholas. « On-site stormwater detention systems in Sydney ». Water Science and Technology 32, no 1 (1 juillet 1995) : 169–75. http://dx.doi.org/10.2166/wst.1995.0038.
Texte intégralRésumé :
On-site stormwater detention (OSD) requirements are applied by most municipalities in Sydney, Australia. Persons redeveloping properties served by existing drainage systems must provide storages for stormwater, to compensate for increased runoff from the new development. While OSD is widely accepted, procedures differ considerably between municipalities. Many designers criticise guidelines and design methods, and express doubts about the maintenance and economy of OSD systems. This paper surveys the application of OSD in Sydney, describes typical installations, and reviews their effectiveness. It sets out the main arguments for and against OSD systems, discusses alternatives, and indicates how systems and procedures will evolve in the future.