Human Rights and Indefinite Detention
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Executive Detention
NYSBA REPORT ON EXECUTIVE DETENTION, HABEAS CORPUS AND THE MILITARY COMMISSIONS ACT OF 2006 NEW YORK STATE BAR ASSOCIATION’S COMMITTEE ON CIVIL RIGHTS MAY 2008 TABLE OF CONTENTS Page INTRODUCTION AND SUMMARY.............................................................................. 1 A. The Guantanamo Detainees....................................................................... 2 B. Report Summary ........................................................................................ 7 I. HISTORY OF HABEAS CORPUS..................................................................... 12 A. The Origins of Habeas Corpus: England ................................................. 12 B. Extra-Territorial Application of Habeas Corpus at Common Law.......... 15 C. Early American Habeas Law ................................................................... 17 D. Early American Extension of Habeas Corpus to Aliens and Alien Enemy Combatants .................................................................................. 20 E. American Suspension of Habeas Corpus................................................. 23 F. World War II and the Extension of Habeas Corpus to Enemy Aliens ....................................................................................................... 28 G. Relevant Post-World War II Habeas Developments ............................... 33 H. Adequate and Effective Habeas Substitute.............................................. 37 II. LAWS OF WAR REGARDING ENEMY COMBATANTS PRE- SEPTEMBER 11TH ........................................................................................... -
Handbook for the Protection of Internally Displaced Persons
Handbook for the Protection of Internally Displaced Persons Action Sheet 8 Liberty and Freedom of Movement Key message The ability to move freely and in safety within one’s country is a basic right as well as a pre-condition for the enjoyment of many other rights. Limitations on freedom of movement can have serious consequences for the lives, health and well-being of individuals and communities. Ensuring freedom of movement thus forms an important part of any protection strategy. 1. What do we mean by the term freedom of movement? Freedom of movement consists of the right and ability to move and choose one’s residence freely and in safety within the territory of the State, regardless of the purpose of the move. It also includes the right to leave any country and to return to one’s own country. It is closely related to the right to liberty and security of person, which guarantees freedom from arbitrary arrest and detention, and the right to seek asylum in another country. Taken together these rights mean that all persons, including the internally displaced, have the right to: l Take flight and seek safety in another part of the country (of choice), or to leave the country in order to seek asylum in another country. l Move freely and in safety within the country, including in and out of camps and settlements, regardless of the purpose of the move. l Voluntarily return to the place of origin or relocate to another part of the country. l Not be arbitrarily displaced or forced to return or relocate to another part of the country. -
Facilitating Peaceful Protests
ACADEMY BRIEFING No. 5 Facilitating Peaceful Protests January 2014 Geneva Academy of International Humanitarian Law and Human Rights Geneva Académie de droit international humanitaire et de droits humains à Genève Academ The Academy, a joint centre of ISBN: 978-2-9700866-3-5 © Geneva Academy of International Humanitarian Law and Human Rights, January 2014. Acknowledgements This Academy Briefing was written by Milena Costas Trascasas, Research Fellow, and Stuart Casey-Maslen, Head of Research, at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy). The Academy would like to thank all those who commented on an earlier draft of this briefing, in particular Anja Bienart and Brian Wood of Amnesty International, and Neil Corney of Omega Research Foundation. The Geneva Academy would also like to thank the Swiss Federal Department of Foreign Affairs (DFAE) for its support to the Academy’s work on facilitating peaceful protests, especially the Human Security Division for its funding of the publication of this Briefing. Editing, design, and layout by Plain Sense, Geneva. Disclaimer This Academy Briefing is the work of the authors. The views expressed in it do not necessarily reflect those of the project’s supporters or of anyone who provided input to, or commented on, a draft of this Briefing. The designation of states or territories does not imply any judgement by the Geneva Academy, the DFAE, or any other body or individual, regarding the legal status of such states or territories, or their authorities and institutions, or the delimitation of their boundaries, or the status of any states or territories that border them. -
Cruel State Punishments
NORTH CAROLINA LAW REVIEW Volume 98 Number 6 Article 2 9-1-2020 Cruel State Punishments William W. Berry III Follow this and additional works at: https://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation William W. Berry III, Cruel State Punishments, 98 N.C. L. REV. 1201 (2019). Available at: https://scholarship.law.unc.edu/nclr/vol98/iss6/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. 98 N.C. L. REV. 1201 (2020) CRUEL STATE PUNISHMENTS* WILLIAM W. BERRY III** The Supreme Court has almost systematically expanded Eighth Amendment protections over the past decade and a half, adopting categorical limitations to the death penalty and juvenile life without parole. With Justice Kennedy’s recent retirement, this expansion seems like it might be ending. As this door is closing, however, another door may be opening for restricting excessive punishments—state constitutional analogues to the Eighth Amendment. A close examination of such provisions reveals that some of the provisions use “or” instead of “and,” a linguistic difference that suggests many state constitutions might be broader than the Eighth Amendment. This Article explores the consequences of linguistic differences between the Eighth Amendment and its state constitutional analogues, focusing in particular on the effect of disjunctive state constitutional provisions. Specifically, the Article argues that these linguistic differences open the door to broader application of state Eighth Amendment analogues to rein in excessive punishment practices of state governments. -
Report on Immigration Detention
House of Commons Home Affairs Committee Immigration detention Fourteenth Report of Session 2017–19 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 12 March 2019 HC 913 Published on 21 March 2019 by authority of the House of Commons Home Affairs Committee The Home Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Home Office and its associated public bodies. Current membership Rt Hon Yvette Cooper MP (Labour, Normanton, Pontefract and Castleford) Chair Rehman Chishti MP (Conservative, Gillingham and Rainham) Sir Christopher Chope MP (Conservative, Christchurch) Stephen Doughty MP (Labour (Co-op), Cardiff South and Penarth) Chris Green MP (Conservative, Bolton West) Kate Green MP (Labour, Stretford and Urmston) Tim Loughton MP (Conservative, East Worthing and Shoreham) Stuart C. McDonald MP (Scottish National Party, Cumbernauld, Kilsyth and Kirkintilloch East) Alex Norris MP (Labour (Co-op), Nottingham North) Douglas Ross MP (Conservative, Moray) John Woodcock MP (Independent, Barrow and Furness) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the internet via www.parliament.uk. Publications © Parliamentary Copyright House of Commons 2019. This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/copyright. Committee reports are published on the Committee’s website at www.parliament.uk/homeaffairscom and in print by Order of the House. Evidence relating to this report is published on the inquiry publications page of the Committee’s website. -
Protection from Arbitrary Arrest and Detention Under International Law Laurent Marcoux, Jr
Boston College International and Comparative Law Review Volume 5 | Issue 2 Article 3 8-1-1982 Protection from Arbitrary Arrest and Detention Under International Law Laurent Marcoux, Jr. Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Comparative and Foreign Law Commons, Human Rights Law Commons, International Law Commons, and the International Relations Commons Recommended Citation Laurent Marcoux, Jr., Protection from Arbitrary Arrest and Detention Under International Law, 5 B.C. Int'l & Comp. L. Rev. 345 (1982), http://lawdigitalcommons.bc.edu/iclr/vol5/iss2/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Protection from Arbitrary Arrest and Detention Under International Law by Laurent Marcoux, Jr. * I. INTRODUCTION Since the adoption of the United Nations Charter in 1945, the international community, in recognition of the vital importance of securing respect for human rights and freedom from fear, has developed an impressive body of interna tional human rights law. 1 Among the most fundamental of all human rights is the right to personal liberty. One significant dimension of this right is freedom from arbitrary arrest and detention.2 In recognition of the right to this freedom, the Universal Declaration of Human Rights (Universal Declaration), adopted by the General Assembly of the United Nations in 1948, provides in Article 3 that "[e]veryone has the right to life, liberty and security of person," and in Article 9 that "[n]o one shall be subjected to arbitrary arrest, detention or exile."3 Simi larly, Article 9(1) of the International Covenant on Civil and Political Rights (Covenant on Civil and Political Rights) states: "Everyone has the right to liberty and security of person. -
Universal Declaration of Human Rights
Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. -
Preventive Detention Draft 1
Volume 14, No. 1 2010 TOURO INTERNATIONAL LAW REVIEW 128 EXTREME MEASURES: DOES THE UNITED STATES NEED PREVENTIVE DETENTION TO COMBAT DOMESTIC TERRORISM? By Diane Webber Preventive detention: “an extreme measure which places the individual wholly under the control of the state, not as a punishment for a proven transgression of the law but rather as a precautionary measure based on a presumption of actual or future criminal conduct…” 1 ABSTRACT This paper deals with preventive detention in the United States, i.e. the detaining of a suspect to prevent a future domestic terrorist offense. Two recent events are examined: the Fort Hood shootings; and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. The paper demonstrates that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible terrorist acts, the paper proposes three possible ways to fill this gap in U.S. law, and give the United States the same tools to fight terrorism as the other countries discussed in the paper, within the boundaries of the Constitution. Diane Webber, Solicitor of the Senior Courts of England and Wales, LL.B. University College London, LL.M. Georgetown University, Candidate for SJD Georgetown University expected completion in 2014. I would like to thank Professor David P. Stewart for all his help and guidance, and my family John Webber, Daniel Webber and Katie Hyman for their unwavering support and encouragement. -
Punishment Before Justice: Indefinite Detention in the US
Physicians for Human Rights Punishment Before Justice: Indefinite Detention in the US June 2011 physiciansforhumanrights.org ABOUT PHYSICIANS FOR HUMAN RIGHTS inside frontPhysicians for Human Rights (PHR) is an independent, non-profit orga- cover nization that uses medical and scientific expertise to investigate human rights violations and advocate for justice, accountability, and the health and dignity of all people. We are supported by the expertise and passion of health professionals and concerned citizens alike. Since 1986, PHR has conducted investigations in more than 40 countries around the world, including Afghanistan, Congo, Rwanda, Sudan, the United States, the former Yugoslavia, and Zimbabwe: 1988 — First to document Iraq’s use of chemical weapons against Kurds 1996 — Exhumed mass graves in the Balkans 1996 — Produced critical forensic evidence of genocide in Rwanda 1997 — Shared the Nobel Peace Prize for the International Campaign to Ban Landmines 2003 — Warned of health and human rights catastrophe prior to the invasion of Iraq 2004 — Documented and analyzed the genocide in Darfur 2005 — Detailed the story of tortured detainees in Iraq, Afghanistan and Guantánamo Bay 2010 — Presented the first evidence showing that CIA medical personnel engaged in human experimentation on prisoners in violation of the Nuremberg Code and other provisions ... 2 Arrow Street | Suite 301 Cambridge, MA 02138 USA 1 617 301 4200 1156 15th Street, NW | Suite 1001 Washington, DC 20005 USA 1 202 728 5335 physiciansforhumanrights.org ©2011, Physicians for Human Rights. All rights reserved. Front cover photo: JOSEPH EID/AFP/Getty Images ISBN:1-879707-62-4 Library of Congress Control Number: 2011927978 Bahrain: Medical Neutrality Acknowledgments The lead author for this report is Cara M. -
The Mass Internment of Uyghurs: “We Want to Be Respected As Humans
The Mass Internment of Uyghurs: “We want to be respected as humans. Is it too much to ask?” TABLE OF CONTENTS SUMMARY.....................................................................................................................................3 BACKGROUND.............................................................................................................................5 The Re-education Campaign Emerges from “De-extremification”……………………………….6 The Scale and Nature of the Current Internment Camp System…………………………………10 Reactions to the Internment Camps…………………………………………………...................17 VOICES OF THE CAMPS ...........................................................................................................19 “Every night I heard crying” .........................................................................................................19 “I am here to break the silence”.....................................................................................................20 “He bashed his head against a wall to try to kill himself”.............................................................23 LEGAL INSTRUMENTS .............................................................................................................38 RECOMMENDATIONS...............................................................................................................41 METHODOLOGY ........................................................................................................................43 ACKNOWLEDGEMENTS...........................................................................................................43 -
Comments on the Prohibition of Torture and Inhuman, Cruel, Or Degrading Treatment Or Punishment in Libya’S Draft Constitutional Recommendations
Comments on the prohibition of torture and inhuman, cruel, or degrading treatment or punishment in Libya’s Draft Constitutional Recommendations I. The Prohibition of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Torture is a crime and serious human rights violation that has devastating consequences for its victim, his or her family and whole communities. The practice of torture is in stark contrast to the rule of law. The abhorrent nature of the crime is recognised in constitutions around the world and in international law, under which torture is absolutely prohibited. This absolute prohibition means that there are no exceptions and no justifications for this crime, even in times of emergency. Libya is party to a number of key international and regional treaties that enshrine the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment (ill- treatment). These include the 1966 International Covenant on Civil and Political Rights (ICCPR) (articles 7 and 10), the 1981 African Charter on Human and Peoples’ Rights (ACHPR) (article 5), the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and the 1989 Convention on the Rights of the Child (CRC) (article 37). Under international law, states parties to a treaty are bound to implement its provisions and must ensure that their domestic law complies with their treaty obligations.1 According to article 2 UNCAT ‘Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.’2 Libya therefore has a duty to enshrine the prohibition of torture in its domestic legal order. -
Sentence and Release Options for High-Risk Sexual Offenders
Report prepared for the ACT Government on Sentence and Release Options for High-Risk Sexual Offenders by Professor David Biles OAM Consultant Criminologist and Professorial Associate, Charles Sturt University September 2005 1 Australian Capital Territory, Canberra 2005 Department of Justice and Community Safety GPO Box 158 Canberra ACT 2601 For an electronic version of this guide visit the publications area in the JACS website, at www.jcs.act.gov.au For telephone enquiries about this guide, please call: (02) 6207 0595 or 6207 0520 2 Contents Page 1. Executive Summary......................................................................................................... 4 2. Introduction...................................................................................................................... 7 3. Terms of Reference.......................................................................................................... 9 4. Acknowledgements........................................................................................................ 11 5. Australian Law and Practice .......................................................................................... 12 5.1 New South Wales................................................................................................... 12 5.2. Victoria ..................................................................................................................15 5.3. Queensland............................................................................................................