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  • Writer's pictureAdrian Kaczmarek

Abstracts of Performers for 26th September 2023 Seminar


 

"Global Standards for the Effectiveness of Cooperation in Criminal Matters" - seminar

 

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Prohibition of Torture on the Example of the United States of America by Rebecca Lilla Hassanova, PhD

This research analyses the substantive and procedural safeguards outlined in the fundamental treaties establishing the prohibition of torture. Even though the prohibition of torture is widely recognized and integrated into the national framework of countries, its application is strongly individualized. However, this runs contrary to the nature of the absolute right and the expectations based on the development of the international legal framework of human rights after the Second World War. The following work is focused on the example of a country presenting democracy and respect for human rights yet having widely known issues regarding the ill-treatment of prisoners as an aftermath of the 2001 terror attacks.



Beyond Borders: International Criminal Law and the Quest for Effective Justice by Asst. Prof. Cocou Marius Mensah

The presentation "Beyond Borders: International Criminal Law and the Quest for Effective Justice" will scrutinize the dynamic sphere of international criminal law, emphasizing the persistent quest for efficacious justice that transcends national jurisdictions. As countries and civilizations become increasingly interconnected, addressing transnational crimes and holding perpetrators accountable on an international stage is paramount. Drawing from comparative approaches and examining the challenges and successes of various international criminal tribunals, this presentation illuminates the complex landscape of international justice. From the International Criminal Court (ICC) to the various African tribunals and chambers, we will analyze the evolution of international criminal law and its role in fostering accountability, promoting human rights, and advancing the global pursuit of justice.



Restorative Justice in Croatia: A Potential for an Effective Criminal Justice System by Prof. Aleksandar Marsavelski

Various studies have shown the effectiveness of restorative justice in reducing recidivism, improving victim satisfaction, and building community relationships. In Croatia, restorative justice has been primarily utilized in the pre-trial procedure, during which the state attorney decides whether to prosecute based on conditional prosecutorial discretion. Juvenile delinquency is an area where the effectiveness of responses is most needed to avoid reoffending, and restorative justice in Croatia is consistently applied in the mediation procedure for juveniles.

Restorative justice should be expanded, especially to enable broader application to adult offenders. The research in Croatia indicates a broad legislative potential for using restorative justice. However, as it is currently primarily used informally, there is a lack of data about it. Specialized out-of-court settlement services are available only in three Croatian cities. Elements of restorative justice are also present at the court level, especially in the context of special obligations that can be imposed along with suspended sentences, which is by far the most frequently used sanction in Croatia, amounting to approximately 80%. Using restorative justice tools as an obligation under a suspended sentence has by far the greatest potential. Restorative justice also has a strong potential for use in the stage of sanctions enforcement, including while serving a prison sentence.

Despite the vast options provided by the legal framework, insufficient use of restorative justice mechanisms in criminal practice primarily indicates insufficient training or insufficient motivation. However, part of the infrastructure in the courts already exists because some judges, that is, court counsellors, are already trained mediators. This study shows that support is needed at other levels. Above all, it is necessary to ensure the appropriate valorization of the use of restorative justice mechanisms in assessing judicial workload. With increased investment and support, restorative justice can significantly make the Croatian criminal justice system more effective and more just.



Fair Trials in International Criminal Proceedings: Finding a Balance Between Due Process and the Purposes of International Criminal Law by Prof. Tomás Kevin Manguel

The presentation will address the issue of fair trials in the context of international criminal law (ICL) proceedings and the correct balance between fairness and the goals of ICL. To do so, it will first raise the question regarding the goals of ICL and whether this is the same as in criminal law. Assuming they are not, the presentation will provide a series of cases from several international criminal tribunals and analyze the impact that the different goals of ICL may have had on the “strict” observation of due process and, consequently, on the rendered decisions. All this will lead to the following question: can a more flexible observation of international human rights standards can still guarantee fair trials?












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