Criminal Justice and Fair Trial

Jammu and Kashmir Public Safety Act, 1978: India’s Use of Preventive Detention Violates Human Rights

Jammu and Kashmir Public Safety Act, 1978: India’s Use of Preventive Detention Violates Human Rights

On February 5, the Indian Government informed the public that, following the abrogation of Article 370 of the Indian Constitution (which gave special status to the state of Jammu and...
Systematic Violations of Criminal Procedural Rights in Argentina

Systematic Violations of Criminal Procedural Rights in Argentina

In three cases on pre-trial detention decided in late 2019, the Inter-American Court of Human Rights found that Argentina violated articles 7 and 8 of the American Convention on Human...
Dilution of the Presumption of Innocence Principle in India

Dilution of the Presumption of Innocence Principle in India

In two cases decided in 2019, the Bombay and Calcutta High Courts adopted diverging positions regarding the applicability of the reverse onus clause contained in Section 29 of the Protection...
Supreme Court of Sri Lanka Recognises Custodial Death as a Violation of the Right to Life

Supreme Court of Sri Lanka Recognises Custodial Death as a Violation of the Right to Life

In the landmark judgement of Rathnayake Tharanga Lakmali v Niroshan Abeykoon, the Supreme Court of Sri Lanka held that the extra-judicial killing of a suspect in police custody violated the...
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...

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