Criminal Justice and Fair Trial

Machine Decision-making in the criminal justice system: The FATAL4JUSTICE? Project

Machine Decision-making in the criminal justice system: The FATAL4JUSTICE? Project

The capacity to collect, store and process digital data in real-time on cloud servers, and to subject vast data sets to train and feed machine learning algorithms, have enabled the...
Re: Inhuman conditions in 1382 Prisons – Development in Indian Prisoner’s Rights

Re: Inhuman conditions in 1382 Prisons – Development in Indian Prisoner’s Rights

In June 2013, Justice R C Lahoti, a retired Chief Justice of the Indian Supreme Court, wrote to the then Chief Justice on overcrowding, unnatural deaths, inadequacy of staff and...
Diminishing Accountability, Corruption, and C.Y. Leung

Diminishing Accountability, Corruption, and C.Y. Leung

The Hong Kong Bar Association formally issued a statement on 21st December 2018, regarding the Department of Justice’s choice to not obtain independent legal advice in its decision not to...
European Arrest Warrants and The Right to a Fair Trial: The Approach of the CJEU and ECtHR

European Arrest Warrants and The Right to a Fair Trial: The Approach of the CJEU and ECtHR

A highly discussed issue within the EU is whether the extradition of individuals to Poland is permissible under EU Law. In December 2017, the European Commission submitted a reasoned proposal...
The Rule of Law in Poland and the European Arrest Warrant: A Blessing in Disguise?

The Rule of Law in Poland and the European Arrest Warrant: A Blessing in Disguise?

On 25 July 2018 the Grand Chamber of the Court of Justice of the European Union (“CJEU”) ruled in Minister for Justice and Equality v LM that a judicial authority...
Discipline and Punish: How Anti-Beggary Laws in India are used to Criminalize Transgender Persons

Discipline and Punish: How Anti-Beggary Laws in India are used to Criminalize Transgender Persons

The Delhi High Court in a landmark judgment (Harsh Mander v. Union of India and Karnika Sawney v. Union of India) has held the Bombay Prevention of Begging Act, 1959,...
Section 377: The Essence of Freedom

Section 377: The Essence of Freedom

A country that routinely bans movies that attempt to speak of homosexuality is witnessing a historic discussion on the kind of sex Indians are legally allowed to have. The Supreme...
Indonesia’s New Counter-Terrorism Law and the Government’s Hidden Agenda?

Indonesia’s New Counter-Terrorism Law and the Government’s Hidden Agenda?

Following the suicide bombings by attackers with links to the Islamic State in May, the Indonesian Parliament has finally approved the long-pending revisions to the counter-terrorism law. While the determination...
Indian Supreme Court Waters Down Legislation Protecting Scheduled Castes and Tribes from Unlawful Discrimination

Indian Supreme Court Waters Down Legislation Protecting Scheduled Castes and Tribes from Unlawful Discrimination

On 20 March, a Two-Judge bench of the Indian Supreme Court diluted the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act) citing the ‘rampant...
Understanding the Indian Supreme Court Judgment on The Atrocities Act, Against Backward Classes

Understanding the Indian Supreme Court Judgment on The Atrocities Act, Against Backward Classes

The Supreme Court of India recently rendered a historic judgment relating to the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act). The Court in the case of...
The Union Government of India Introduces the Death Penalty for Child Rape

The Union Government of India Introduces the Death Penalty for Child Rape

When news broke out two weeks ago of the horrors committed in the brutal rape of two girls in the small towns of Kathua and Unnao, all legislative consideration of...
Ms X v Mahmood Farooqi: A Dangerous Precedent for Interpreting Consent in Rape Cases in India

Ms X v Mahmood Farooqi: A Dangerous Precedent for Interpreting Consent in Rape Cases in India

In a recent case before the Indian Supreme Court, Ms X v Mahmood Farooqi, the court refused to overturn a Delhi High Court decision which set a dangerous precedent that...

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