Arrest And Detention Powers In English And Turkish Law And Practice In The Light Of The European Convention On Human Rights

Author : M. Bedri Eryilmaz
Publisher : BRILL
Page : 471 pages
File Size : 51,5 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479395

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Arrest and Detention Powers in English and Turkish Law and Practice in the Light of the European Convention on Human Rights by M. Bedri Eryilmaz Pdf

It is commonly believed that, in the police practices of arrest without judicial warrant and detention without charge, England and Turkey stand at opposite ends of the compliance spectrum among nations signatory to the European Convention on Human Rights. This is the first book to examine the extent to which such belief is warranted. Beginning with a detailed comparison of the arrest and detention standards set by the Convention and the corresponding provisions of Turkish and English law, the author then proceeds to investigate actual police practice in both countries. He reviews and analyzes the existing research in England and Wales on how the status of suspects in practice compares with the status of suspects in law. To determine this in Turkey, where no such research existed before this book, he offers the results of his own field work in 21 Turkish police stations and three gendarmeries in various cities and towns, as well as in two Turkish anti-terrorist departments. This is the first publication of any research into how Turkish police apply law to practice. He goes on to examine the adequacy and effectiveness of remedies in both countries, and to make recommendations, not only for reform in England and Turkey, but to the Convention organs with respect to gaps and weaknesses in their case law. For criminal justice and law enforcement authorities, this is a valuable guide to ensuring compliance with the extensive and developed standards established by the case law of the Convention, and to handling allegations of breaches of the Convention by the police. In addition, Arrest and Detention Powers in Turkish and English Law and Practice in the Light of the European Convention on Human Rights is a penetrating analysis of `law in books' versus `law in action', and as such has relevance to anyone concerned with the enforcement of human rights law.

Author : Claire Macken
Publisher : Routledge
Page : 295 pages
File Size : 43,9 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781136741869

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Counter-terrorism and the Detention of Suspected Terrorists by Claire Macken Pdf

In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.

Author : Oddný Mjöll Arnadóttir
Publisher : BRILL
Page : 283 pages
File Size : 45,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481534

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Equality and Non-Discrimination under the European Convention on Human Rights by Oddný Mjöll Arnadóttir Pdf

The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.

Author : Elena Fierro
Publisher : BRILL
Page : 448 pages
File Size : 44,7 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481558

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The EU's Approach to Human Rights Conditionality in Practice by Elena Fierro Pdf

Human rights in the external relations of the EU may manifest itself in different manners; one of them is the conditionality policy that the EU applies to third countries. This study intends to explore the modalities of this conditionality policy, as well as its nature and reach. It also analyzes how the policy could be improved and be made more coherent and effective. The point of departure is the division made between two modes of conditionality: ex ante and ex post. In the first case the EU issues conditions, which must be fulfilled before the negotiation or conclusion of a given agreement or an action with a view to strengthening the relations. The second case, conditionality ex post , is when conditions are allready part of an agreement or an established relation. The so-called human rights clause, or democratic clause, incarnates the second modality. This study explores both types of conditionality, but puts a special emphasis on the second, given its legal nature, its reciprocity, and its systematic inclusion in all framework agreements. It is argued here that this clause could represent the basis of a fully-fledged human rights policy of EU. At present, however, the implementation of the clause has been fragmentary. The interpretation that has prevailed (the human rights clause being a mechanism of exclusively punitive nature), has constituted an obstacle for its implementation. In addition, the clause has been activated only as a response to breaches of democratic principles (and not human rights) in the ACP countries ( and not other regions). The human rights clause has been the victim of the 'sectorial approaches' where policy choices were determined by the instrument at issue. It is about time for the EU to revisit the interpretation of the clause in order to make of it a dynamic instrument, integrated in a global and coherent external human rights policy.

Author : Ümit Cizre
Publisher : LIT Verlag Münster
Page : 335 pages
File Size : 45,8 Mb
Release : 2008
Category : Civil supremacy over the military
ISBN : 9783825809690

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Democratic Oversight and Reform of the Security Sector in Turkey by Ümit Cizre Pdf

This book vividly describes the historical background, current issues, and remaining challenges of Turkey's security sector institutions and their democratic oversight. As Turkey proceeds on its path towards possible European Union membership, this book documents its progress on the touchstone issue of contemporary civil-military relations, the challenging issue of instituting civilian and democratic oversight and control mechanisms over a whole array of security institutions including the police, gendarmerie, army, intelligence services and many others. Military relations in Turkey have undergone great and constructive changes during the past few years, which, if continued, will also have a positive impact on the accession negotiations with the European Union. In this context it will be very important, building on the goodwill which the Turkish military possess in society, to develop an informed security community consisting of members of parliament, academicians, journalists underpinning of security policy.

Author : Stéphanie Lagoutte,Hans-Otto Sano,Peter Scharff Smith
Publisher : BRILL
Page : 305 pages
File Size : 52,7 Mb
Release : 2006-10-27
Category : Law
ISBN : 9789047411215

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Human Rights in Turmoil by Stéphanie Lagoutte,Hans-Otto Sano,Peter Scharff Smith Pdf

Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights standards and institutions. The political climate during the Cold War created many obstacles, but the fall of the Berlin Wall in 1989 and its aftermath during the following decade created a sense of promise and progress among human rights scholars and actors. Yet, today, actions, statements and initiatives questioning the legitimacy and validity of human rights, or even threatening their very existence, have become a regular part of current political realities, even in states traditionally dedicated to the rule of law. This would have been inconceivable ten or twenty years ago. At the political level human rights are gaining as well as losing ground. The question of the adequacy, legitimacy and scope of human rights is still a live one. And weaknesses in supra-national human rights protection systems have emerged over the last twenty years. It is now clear that human rights mechanisms are not well adapted to the handling of the ever-increasing number of complaints or to the effective implementation of human rights. This thought-provoking collection of essays by leading scholars and practitioners in the field of human rights explores the ways in which human rights are currently being challenged and weakened, but also strengthened in important and groundbreaking ways in different areas and settings. They explore the many current debates which centre on human rights concerns: debates about secularism and religious norms, about minimum social standards and social security, about the future regulation of citizenship, about prison reform and the use of less inhumane methods of detention; as well as the reform of the UN system and the challenges facing the now overburdened European Court of Human Rights.

Author : Virginia A. Leary,Daniel Harry Warner
Publisher : Martinus Nijhoff Publishers
Page : 441 pages
File Size : 44,5 Mb
Release : 2006
Category : Law
ISBN : 9789004145795

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Social Issues, Globalisation And International Institutions by Virginia A. Leary,Daniel Harry Warner Pdf

This original study examines the extent to which international labour issues have become issue of concern within the European Union, the ILO, the OECD (Organization for Economic Cooperation and Development), and the WTO (World Trade Organization).

Author : Linda C. Reif
Publisher : Springer
Page : 433 pages
File Size : 49,5 Mb
Release : 2013-12-19
Category : Law
ISBN : 9789401759328

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The Ombudsman, Good Governance and the International Human Rights System by Linda C. Reif Pdf

This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.

Author : Natan Lerner
Publisher : BRILL
Page : 217 pages
File Size : 52,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481541

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Group Rights and Discrimination in International Law by Natan Lerner Pdf

Group hatred, disregard for the collective aspirations of religious, ethnic or cultural minorities, genocide, ethnic cleansing, apartheid, and anti-Semitism have been at the roots of the greatest tragedies of our time and are a source of internal and international conflict. This volume studies this wide range of problems from the perspective of modern human rights law, with special emphasis on racism and religious intolerance. Also dealt with are measures adopted, or to be taken, for the protection of specific groups, including indigenous populations and migrant workers, as well as the present situation regarding the conventions against genodice, discrimination in education and labour, and the steps and declarations for the strenghtening of group identity and their advancement. Special areas such as slavery, affirmative action, and modern models to preserve the collective personality are also discussed, including protective penal measures.

Author : Mari Katayanagi
Publisher : Martinus Nijhoff Publishers
Page : 350 pages
File Size : 46,7 Mb
Release : 2002-09-25
Category : Law
ISBN : 9041119108

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Human Rights Functions of United Nations Peacekeeping Operations by Mari Katayanagi Pdf

The United Nations peacekeeping has evolved as a practical measure for preserving international peace and security. Recent peacekeeping has two important features: the use of force which arguably exceeds self-defence on the one hand, and multifunctional operations on the other. The Security Council has started considering a wide range of factors including serious human rights violations as threats to international peace and security. Recognising the UN's principle to seek peaceful settlement which underlies the legality of peacekeeping, this research focuses on the human rights functions of multifunctional peacekeeping operations. Such functions have immense potential for enhancing conflict resolution through peaceful means. In order to illustrate these issues and the diverse practice of UN peacekeeping, the author of this book has dealt with four detailed case studies on El Salvador, Cambodia, Rwanda and the former Yugoslavia. The achievements, problems and defects experienced by different operations are analysed using the insights of the author's own experience in a peacekeeping operation.

Author : Vincent Obisienunwo Orlu Nmehielle
Publisher : Martinus Nijhoff Publishers
Page : 486 pages
File Size : 54,6 Mb
Release : 2001-12-11
Category : Law
ISBN : 9041117318

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The African Human Rights System by Vincent Obisienunwo Orlu Nmehielle Pdf

4. Right to Peace.

Author : Scott Leckie
Publisher : BRILL
Page : 339 pages
File Size : 42,6 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004482128

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National Perspectives on Housing Rights by Scott Leckie Pdf

More than one billion people around the world do not have adequate housing. How far does human rights law help to remedy this problem? What measures must governments take to protect people against housing rights violations? What are the strengths and weaknesses of human rights law in the housing area? Is the current law enough, or are new laws necessary? These and many other questions are addressed in the various chapters contained in National Perspectives on Housing Rights. While most coverage of economic, social and cultural rights has tended to focus on international standards and principles, this book examines the more challenging question of how housing rights are implemented at the national and local level. Chapters from recognised housing rights practitioners from Brazil, Canada, India, Kenya, Mexico, Nigeria, Philppines, South Africa, the US and elsewhere provide some of the first national-level legal analyses of the implementation of housing rights standards recognised under international law. A foreword by Nelson Mandela and a preface by international legal scholar Professor Philip Alston provide interesting perspectives on the fundamental role of housing rights within the broader human rights field.

Author : Sevil Sena Kesgin,Advocates of Silenced Turkey
Publisher : Advocates of Silenced Turkey
Page : 64 pages
File Size : 43,8 Mb
Release : 2023-06-14
Category : Social Science
ISBN : 8210379456XXX

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Women's Rights Violations by the Turkish Legal System by Sevil Sena Kesgin,Advocates of Silenced Turkey Pdf

This booklet represents the culmination of months of work from Advocates of Silenced Turkey’s first cohort of interns. We thank them sincerely for their part in raising a voice to condemn the violence inflicted by the Turkish government on its own citizens. We would also like to gratefully acknowledge the work of Murat Erdogan and other lawyers who guided us every step of the way in assessing the provisions of the law and international documents, and who were always readily available for consultation. Lastly, this work would not be possible if not for the confidence displayed by survivors who chose to share with us their lives. We thank them graciously for their stories. The summer of 2020 witnessed the birth of Advocates of Silenced Turkey’s first internship opportunity geared towards college students around the world. We were fueled by a desire to involve youth in academic studies of injustice by allowing them the opportunity to apply their skills outside of their courses. Coming from all walks of life, our first interns utilized their academic abilities to shed light on the rampant human rights abuses facing women and their children in Turkey following the orchestrated coup attempt in 2016 which consolidated the regime’s power. Through collaborative efforts, the interns each produced a paper outlining the story of a family navigating the Turkish legal system. In this booklet you will find six reports whose individual stories are weaved together through the connective tissue of systematic government persecution and injustice.

Author : Anonim
Publisher : Unknown
Page : 502 pages
File Size : 42,7 Mb
Release : 2009
Category : International law
ISBN : OSU:32437121893644

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Michigan Journal of International Law by Anonim Pdf

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 50,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.