UNITED NATIONS NORMS AND GUIDELINES IN CRIMINAL JUSTICE - FROM STANDARD SETTING TO IMPLEMENTATION

• NCJ Number: 67943
• Author(s): P R LOOF
• Date Published: 1980
• Length: 43 pages
• Sale Source: Australian Government Publishing Service
• Language: English
• Country: Australia
• Note: AUSTRALIAN DISCUSSION PAPER - TOPIC 5. PREPARED FOR THE SIXTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS, SYDNEY, AUSTRALIA, 1980.

Annotation

UNITED NATIONS INSTRUMENTS RELATING TO HUMAN RIGHTS IN THE ADMINISTRATION OF CRIMINAL JUSTICE AND THE IMPLEMENTATION OF THEIR STANDARDS ARE DISCUSSED, AND THE AUSTRALIAN CONTEXT IS USED AS AN EXAMPLE.

Abstract

FIRST, THIS PAPER REFERS TO THE NEED TO EFFECT A BALANCE BETWEEN COMPETING INTERESTS IN FORMULATING THE CONTENT OF HUMAN RIGHTS IN CRIMINAL JUSTICE: A BALANCE BETWEEN GROUP RIGHTS AND INDIVIDUAL RIGHTS, AND BETWEEN THE RIGHTS OF ACCUSED PERSONS OR PRISONERS AND THE RIGHTS OF THE VICTIM AND THE GENERAL PUBLIC. PRESENT UNITED NATIONS INSTRUMENTS ARE INADEQUATE IN THIS AREA. HOWEVER, THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS CREATES INTERNATIONAL LEGAL OBLIGATIONS FOR THE PARTIES TO THE COVENANT. ALL BRANCHES OF PARTICIPATING GOVERNMENTS ARE REQUIRED TO PROVIDE EFFECTIVE REMEDIES AND ACTIONS TO SECURE (1) THE RIGHT NOT TO BE ARBITRARILY DEPRIVED OF ONE'S LIFE; (2) THE RIGHT TO PROTECTION FROM DEGRADING TREATMENT OR PUNISHMENT; (3) THE RIGHT TO EQUALITY BEFORE THE LAW; (4) THE RIGHT OF PROTECTION FROM ARBITRARY ARREST OR DETENTION; (5) THE RIGHT TO A FAIR AND PUBLIC HEARING BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL; (6) THE RIGHT TO BE PRESUMED INNOCENT UNTIL PROVED GUILTY; AND (7) THE RIGHT OF PERSONS DEPRIVED OF THEIR LIBERTY TO BE TREATED WITH HUMANITY AND WITH RESPECT FOR THE INHERENT DIGNITY OF THE HUMAN PERSON. NEXT, FOUR BASIC IMPLEMENTATION PRINCIPLES ARE SUGGESTED: THE NEED FOR LEGISLATION TO SUPPLEMENT COMMON LAW GUARANTEES OF HUMAN RIGHTS, FOR EFFECTIVE REMEDIES, FOR ADMINISTRATIVE MACHINERY TO INVESTIGATE VIOLATIONS AND UNDERTAKE CONCILIATION, AND FOR EDUCATION AND RESEARCH. FINALLY, REMEDIES AND SAFEGUARDS FOR BASIC RIGHTS IN AUSTRALIA ARE REVIEWED IN THE AREAS OF SPECIFIC LEGISLATION, COMMON LAW, RULES OF CRIMINAL PROCEDURE, PREROGATIVE WRITS, LEGAL AID, INVESTIGATIONS BY OMBUDSMEN AND COMMISSIONS OF INQUIRY, PARLIAMENTARY PROCESSES, RULE OF LAW, FREEDOM OF THE PRESS, AND THE SYSTEM OF REPRESENTATION AND RESPONSIBLE GOVERNMENT. FOOTNOTES WITH REFERENCES ARE INCLUDED.