scholarly journals Judicial Control over the Observance of Human Rights and Freedoms during the Detention of a Person

2021 ◽  
Vol 39 (69) ◽  
pp. 643-665
Author(s):  
Elizaveta Kuzmichova-Kyslenko ◽  
Maryna Horodetska ◽  
Iryna Smal ◽  
Dariia Hurina ◽  
Myroslav Pototskyi
Keyword(s):  
Human Rights ◽  
Descriptive Analysis ◽  
Descriptive Statistics ◽  
Analysis Method ◽  
Judicial Control ◽  
Police Authority ◽  
Protection Of Human Rights ◽  
Legal Document ◽  
Effective Remedy ◽  
The Right

The purpose of this study was to identify problems in performing the functions of the investigating judge related to the protection of human rights and freedoms during detention and to offer solutions to them. The study is based on the use of methods of sampling and prognosis; system approach; descriptive statistics; comparison and collation; descriptive analysis method. We found out that the restriction of certain rights and freedoms of a person, detained on suspicion of having committed a crime, is quite legitimate, but some rights are violated due to abuse of police authority. The right to liberty and the right to security of person, the right to effective remedy and fair trial, and the right to respect for private and family life are most often violated during detention. Judicial control should be carried out in compliance with the following principles: immediacy, automaticity, conducting trial proceedings within a reasonable time. In order to universalize judicial control over the protection of human rights and freedoms during detention, we propose to develop an international legal document, regulating the conduct of judicial control.

Hirsi Jamaa v. Italy. Application No. 27765/09

2013 ◽  
Vol 107 (2) ◽  
pp. 417-423 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Convention ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
Effective Remedy ◽  
Maritime Search And Rescue ◽  
The Right

In a unanimous judgment in the case Hirsi Jamaa v. Italy, the Grand Chamber of the European Court of Human Rights (Court) held that Italy’s “push back” operations interdicting intending migrants and refugees at sea and returning them to Libya amounted to a violation of the prohibition of torture and other inhuman or degrading treatment under Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR or Convention), the prohibition of collective expulsions under Article 4 of Protocol 4 to the Convention, and the right to an effective remedy under Article 13 of the Convention. Hirsi Jamaa is the Court’s first judgment on the interception of migrants at sea and it addresses issues concerning the 1982 United Nations Convention on the Law of the Sea and the 1979 International Convention on Maritime Search and Rescue, as well as the 1951 Convention Relating to the Status of Refugees.

scholarly journals Evaluative Review of Government Obligations in Protecting the Right to Work for Persons with Disabilities through National and Regional Regulations (Ambon City) After the Ratification of the Convention on the Rights of Persons with Disabilities

2021 ◽  
Vol 1 (2) ◽  
pp. 57
Author(s):  
Siska Giofana Mapusa
Keyword(s):  
Human Rights ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Regional Level ◽  
Persons With Disabilities ◽  
Right To Work ◽  
Protection Of Human Rights ◽  
The Right ◽  
The City

Introductioan: Indonesia is a country that upholds the protection of human rights . One of the human rights pillars of concern for Indonesia is legal protection for Persons with Disabilities.Purposes of the Research: The study aims to determine whether the national regulations in Indonesia have accommodated the implementation of the Right to Work in accordance with Article 27 of the Convention on the Rights of Persons with Disabilities (CRPD) and the availability of regulation at the regional level, especially in Ambon as a form of protection for the Disability Right to Work.Methods of the Research: This research was conducted using normative methods. The results of this study were presented in a descriptive analysis report.Results of the Research: The results showed that the Act and regulations in Indonesia have not been maximal in providing protection for workers with disabilities because not all rights in Article 27 of the CRPD were regulated in national regulations. Relating to the protection of the right to work for persons with disabilities in the city of Ambon, there was no district regulations.

scholarly journals Presuposisi dan Metode Yesus dalam Menyampaikan Pendapat: Sebuah Pedoman bagi Para Akademisi

2019 ◽  
Vol 2 (1) ◽  
pp. 121-138
Author(s):  
Deflit Dujerslaim Lilo
Keyword(s):  
Human Rights ◽  
Descriptive Analysis ◽  
Freedom Of Speech ◽  
Human Being ◽  
Analysis Method ◽  
Hermeneutic Approach ◽  
The Right

Freedom of speech is the human rights of every human being. This freedom must be implemented responsibly with based on the right of thinking, good intentions and goals, and attention to the rules of thinking. This article examines how Jesus underlies and builds His paradigm and the method that He used to tell His arguments to others. By using a descriptive analysis method and hermeneutic approach to the narratives in the Gospels, it can be concluded that Jesus told his argument by using a logical and comprehensive paradigm and method so that it could be used as a guideline for the academics. Abstrak: Kebebasan berpendapat merupakan hak asasi setiap manusia. Kebebasan ini harus dilakukan secara bertanggung jawab dengan berlandaskan pemikiran yang sehat, maksud dan tujuan yang baik, serta memperhatikan aturan-aturan penalaran. Artikel ini meneliti bagaimana Yesus mendasari dan membangun paradigma berpikir-Nya serta cara yang digunakan-Nya untuk menyampaikan pendapat kepada orang lain. Menggunakan metode analisis deskriptif serta pendekatan yang hermenutis pada narasi-narasi di kitab-kitab Injil, dapat ditarik kesimpulan bahwa Yesus menyampaikan pendapat dengan menggunakan paradigma dan metode yang logis dan komprehensif, sehingga dapat dijadikan sebagai suatu contoh bagi para akademisi.

scholarly journals USE OF THE EUROPEAN COURT OF HUMAN RIGHTS PRACTICE AS A MECHANISM FOR PROTECTION OF THE RIGHTS OF CONVICTS

2019 ◽  
pp. 145-149
Author(s):  
O. V. Ilina
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Freedom Of Expression ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Forced Labour ◽  
European Standards ◽  
Effective Remedy ◽  
The Right

The research paper discusses the use of the practice of the European Court of Human Rights as a mechanism for ensuring the rights of convicts. Today, the practice of the ECHR has become increasingly important not only in the fight against crime, but also in the protection of the rights and freedoms of convicts. This is evidenced by the adoption in 2014 of the Law of Ukraine “On Amendments to the Criminal Executive Code of Ukraine on the Adaptation of the Legal Status of a Convict to European Standards”, which is aimed at eliminating the shortcomings of the Criminal Executive Code of Ukraine in respect of compliance with constitutional requirements and European standards regarding the regime of serving the sentences by convicts and so on. Adoption of the said law entailed the implementation of various directions of ensuring the rights of convicts, which became the subject of this study. As part of the research, Article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms is analyzed, which states that States – Parties to the Convention undertake to ensure that everyone under their jurisdiction has the rights and freedoms set forth in the Convention for the Protection of Human Rights and Fundamental Freedoms. In view of the above, we believe that ensuring of rights and freedoms should also apply to convicts. Today, the practice of the ECHR is actively used in national law enforcement practice in the aspect of ensuring the rights of convicts. Such a statement is based on the own analysis of relevant judgments. The study leads to the conclusion that there are different ways of ensuring the rights of convicts, in particular, ensuring the right to a fair trial, the prevention of torture, inhuman or degrading treatment, etc. These directions of activity constitute a mechanism for ensuring the rights of convicts. In addition, we can say with certainty that convicts must be guaranteed all the rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms, which is possible taking into account the stay of persons in penitentiary institutions, in particular the right to life, prohibition of slavery and forced labour; freedom of thought, conscience and religion; freedom of expression; the right to an effective remedy; prohibition of discrimination, etc.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

HUKUM ISLAM DAN HUBUNGANNYA DENGAN LUAR NEGERI PASCA REFORMAS

2015 ◽  
Vol 19 (1) ◽  
Author(s):  
Salma Salma
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
International Law ◽  
Multidisciplinary Approach ◽  
Islamic Law ◽  
Analysis Method ◽  
Strong Basis ◽  
Global Issues ◽  
Protection Of Human Rights ◽  
Scientific Fields

The development of Islamic law studies in Indonesia is increasingly interesting to follow. the use of a multidisciplinary approach to Islamic sciences, making the science of Islamic law not only a normative-theological analysis but also integrated with many scientific fields both in the sciences and the humanities. Contemporary global issues require observers and Islamic law reviewers to seriously review Islamic law in depth, one of the global issues that is currently interesting and has become a topic of discussion among many is the issue of the protection of human rights. Human rights formulation in international law cannot be separated from the issue of foreign policy. This paper will conduct a theoretical study of how the concept of Islamic Law itself protects human rights and how it relates to its relationship with post-reform foreign policy. This paper uses a comparative study between legislation and texts (verses) both in the Koran and the hadith, a comparative-critical analysis method makes it easier for the author to find substance in terms of answering the problem statement in this study. The results or conclusions obtained are that human rights are a reflection of carrying out Islamic law in order to realize the nature of universal human benefit. Islam considers that human rights are in accordance with sharia principles, namely protecting one's right to life. This is a strong basis for the study of Islamic law in contributing to the development of human rights principles in the international communityKeywords: Islamic Law, Human Rights, Globalization, International LawPerkembangan kajian hukum Islam di Indonesia makin menarik untuk diikuti. penggunaan pendekatan multidisipliner ilmu-ilmu keislaman, membuat ilmu hukum Islam tidak hanya bersifat normatif-teologis analisanya tapi sudah terintegrasi dengan banyak bidang keilmuan baik ilmu-ilmu sains maupun humaniora. Isu-isu global yang sifatnya kontemporer mengharuskan para pengamat dan pengkaji hukum Islam untuk serius melakukan telaah ulang terhadap ilmu hukum Islam secara mendalam, salah satu isu global yang saat ini menarik dan menjadi perbincangan banyak kalangan adalah soal perlindungan hak asasi manusia. Rumusan HAM dalam hukum internasional tidak bisa dilepaskan dengan persoalan politik luar negeri. Tulisan ini akan melakukan kajian teoritik tentang bagaimana konsep Hukum Islam itu sendiri terhadap perlindungan hak asasi manusia dan bagaimana pula terkait hubungannya dengan politik luar negeri pasca reformasi. Tulisan ini menggunakan studi komparatif antara perundangundangan dengan teks (ayat) baik itu di dalam Al-Quran maupun hadits, metode analisis-kritis komparatif memudahkan penulis menemukan substansi dalam hal untuk menjawab rumusan masalah dalam penelitian ini. Hasil atau kesimpulan yang didapat adalah HAM adalah refleksi untuk menjalankan syariat Islam demi mewujudkan hakikat kemaslahatan manusia secara universal. Islam memandang bahwa HAM sesuai dengan prinsip-prinsip syariah yakni melindungi hak hidup seseorang. Hal ini merupakan dasar yang kuat untuk kajian hukum Islam dalam memberikan kontribusi pada perkembangan prinsip-prinsip hak asasi manusia di dalam masyarakat internasional.Kata Kunci: Hukum Islam, Hak Asasi Manusia, Globalisasi, Hukum Internasional

Battles Over Symbols: The “Religion” of the Minority Versus the “Culture” of the Majority

2013 ◽  
Vol 28 (1) ◽  
pp. 67-104 ◽  
Author(s):  
Lori G. Beaman
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Religious Symbol ◽  
Anti Semitism ◽  
European Tradition ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
The Right

Moreover, with the benefit of hindsight, it is easy to identify in the constant central core of Christian faith, despite the inquisition, despite anti-Semitism and despite the crusades, the principles of human dignity, tolerance and freedom, including religious freedom, and therefore, in the last analysis, the foundations of the secular State.A European court should not be called upon to bankrupt centuries of European tradition. No court, certainly not this Court, should rob the Italians of part of their cultural personality.In March, 2011, after five years of working its way through various levels of national and European courts, the Grand Chamber of the European Court of Human Rights decided that a crucifix hanging at the front of a classroom did not violate the right to religious freedom under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Specifically, Ms. Soile Lautsi had complained that the presence of the crucifix violated her and her children's right to religious freedom and that its presence amounted to an enforced religious regime. The Grand Chamber, reversing the lower Chamber's decision, held that while admittedly a religious symbol, the crucifix also represented the cultural heritage of Italians.

scholarly journals NE BIS IN IDEM PRINCIPLE IN THE CRIMINAL LEGISLATION OF BOSNIA AND HERZEGOVINA AND COURTS’ JURISPRUDENCE

2019 ◽  
Vol 34 (5) ◽  
pp. 1439-1444
Author(s):  
Miodrag N. Simović ◽  
Marina M. Simović ◽  
Vladimir M. Simović
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
Criminal Procedure ◽  
European Convention ◽  
Criminal Offence ◽  
Ne Bis In Idem ◽  
International Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The paper is dedicated to ne bis in idem principle, which is a fundamental human right safeguarded by Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. This principle is sometimes also referred to as double jeopardy.The principle implies that no one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which s/he has already been finally convicted or acquitted (internal ne bis in idem principle), and that in some other State or before the International Court (ne bis in idem principle in respect of the relations between the states or the State and the International Court) the procedure may not be conducted if the person has already been sentenced or acquitted. The identity of the indictable act (idem), the other component of this principle, is more complex and more difficult to be determined than the first one (ne bis).The objective of this principle is to secure the legal certainty of citizens who must be liberated of uncertainty or fear that they would be tried again for the same criminal offence that has already been decided by a final and binding decision. This principle is specific for the accusative and modern system of criminal procedure but not for the investigative criminal procedure, where the possibility for the bindingly finalised criminal procedure to be repeated on the basis of same evidence and regarding the same criminal issue existed. In its legal nature, a circumstance that the proceedings are pending on the same criminal offence against the same accused, represents a negative procedural presumption and, therefore, an obstacle for the further course of proceedings, i.e. it represents the procedural obstacle which prevents an initiation of new criminal procedure for the same criminal case in which the final and binding condemning or acquitting judgement has been passed (exceptio rei iudicatae).The right not to be liable to be tried or punished again for an offence for which s/he has already been finally convicted or acquitted is provided for, primarily, by the International Documents (Article 14, paragraph 7 of the International Covenant on Civil and Political Rights and Article 4 of Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms). The International framework has also been given to ne bis in idem principle through three Conventions adopted by the Council of Europe and those are the European Convention on Extradition and Additional Protocols thereto, the European Convention on the Transfer of Proceedings in Criminal Matters, and the European Convention on the International Validity of Criminal Judgments.Ne bis in idem principle is traditionally associated with the right to a fair trial under Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Likewise, no derogation from Article 4 of Protocol No. 7 shall be made under Article 15 of the Convention at the time of war or other state of emergency which is threatening the survival of the nation (Article 4, paragraph 3 of Protocol No. 7). Thereby it is categorised as the irrevocable conventional right together with the right to life, prohibition of torture, prohibition of slavery, and the legality principle. Similarly, ne bis in idem principle does not apply in the case of the renewed trials by the International criminal courts where the first trial was conducted in some State, while the principle is applicable in the reversed situation. The International Criminal Tribunal for Former Yugoslavia could have conducted a trial even if a person had already been adjudicated in some State, in the cases provided for by its Statute and in the interest of justice.

scholarly journals Improving Human Rights Protection on the national and the European Level

2015 ◽  
pp. 36-51
Author(s):  
RUDOLF DUR SCHNUTZ
Keyword(s):  
Human Rights ◽  
National Level ◽  
European Level ◽  
Human Rights Protection ◽  
Current State ◽  
European Court ◽  
Protection Of Human Rights ◽  
Venice Commission ◽  
Effective Remedy ◽  
The Individual

The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.

scholarly journals ANALISIS PENGAKUAN PENDAPATAN BUNGA ATAS PEMBERIAN KREDIT MODAL KERJA PADA PT. BANK PERKREDITAN RAKYAT PRISMADANA

2015 ◽  
Vol 10 (4) ◽  
Author(s):  
Timothy Ray Korah ◽  
David Paul Elia Saerang ◽  
Heince Wokas
Keyword(s):  
Descriptive Analysis ◽  
Accounting Standards ◽  
Bank Lending ◽  
Financial Statements ◽  
Analysis Method ◽  
The Real ◽  
Financial Position ◽  
Interest Income ◽  
The Right ◽  
Cash Basis

The largest bank revenue is interest income from credit. In general, bank lending business and one of the most interest product.Therefore the recognition and measurement of the right to credit interest income must be relevant, accurate, and accounted for, so the financial statements truly on the real financial position. The research aims to determine how the accounting treatment of the recognition of interest income on PT.BPR PRISMA DANA is already in appropriate with the applicable accounting standards, The method used in this research is descriptive analysis method. The results of research conducted in PT.BPR PRISMA DANA, showed recognition of loan interest income using the accrual basis or more leads to the realization of the concept.Except for interest income on loans classified as problematic (nonperforming) is recognized when it is received (cash basis). Interest income using the effective interest annuity system is calculated based on the remaining principal.

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