NCJ Number
218112
Journal
European Journal on Criminal Policy and Research Volume: 12 Issue: 2 Dated: 2006 Pages: 165-176
Date Published
2006
Length
12 pages
Annotation
This article focuses on the rights attributed to detainees who are facing charges before international and internationalized criminal courts and whether their position merits a different approach compared to the position of detainees who are confronted with domestic criminal trials.
Abstract
This overview of the rules governing the detention of persons awaiting trial or appeal before international and internationalized criminal tribunals reveals that considerable emphasis is placed on the protection of human rights, particularly the right to family life and communication with family and others. Additionally, the basic tenet of Article 3 of the European Convention of Human Rights (ECHR) is reflected within these Rules in that considerable provisions are dedicated to the preservation of humane and dignified treatment of detainees. Yet, restrictions on these rights are possible and prescribed within these rules, primarily when it concerns the preservation of the course of justice before these tribunals. Assessment of these rules justifies the conclusion that they encompass a fair balance between the detainee’s rights on the one hand and the interest of justice on the other. Finally, these rules provide recourse against alleged interferences with prisoners’ rights, although it is questionable whether these remedies are as “effective” as the ECHR mean them to be.