How is the "Human Rights" Requirement to be Met? (From Policing in Central and Eastern Europe: Ethics, Integrity, and Human Rights, P 71-81, 2000, Milan Pagon, ed. -- See NCJ-206270)

• NCJ Number: 206272
• Author(s): Andrew Haynes
• Date Published: 2000
• Length: 11 pages
• Sale Source: College of Police and Security Studies
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Slovenia

Annotation

This paper discusses how the requirements of the European Convention on Human Rights are to be met by member countries of the Council of Europe in the following areas of criminal justice policy and practice: powers of arrest and detention, powers of questioning, surveillance procedures, seizure of criminal assets, double jeopardy issues, and financial crime.

Abstract

For each of the areas, this paper cites the relevant requirements of the Convention and comments on the implications of the requirement for police practice. Regarding power or arrest and detention, the Convention requires that arrestees be given a fair hearing that will determine whether the individual meets the conditions for detention. The conditions for detention are specified in the Convention. Regarding the powers of questioning, the Convention emphasizes the arrestee's ability to conduct a defense and the presumption of innocence. Regarding surveillance procedures, the Convention gives priority to government noninterference in citizens' privacy, family life, home, and correspondence; however, surveillance within the parameters of the law is allowed for policing identified threats to the rights and freedoms of others. Regarding the seizure of criminal assets, the Convention mandates that no person be deprived of personal possession except in the public interest and subject to the conditions provided by law. Regarding double jeopardy, the Convention prohibits more than one trial or punishment for a person found not guilty or guilty in accordance with the law. The Convention's approach to financial crime allows for the administration and regulation of behaviors through various administrative bodies in addition to formal criminal justice processing. Overall, the European Convention on Human Rights provides both a basic level of protection for the individual while maintaining the capacity for the government of European countries to deal with problems that may threaten the state from time to time. 39 notes