Criminal Justice and Fair Trial

Egypt: Oppression Continues to Reign

Egypt: Oppression Continues to Reign

In 2011, Egyptian citizens took to the streets in mass protests against the 29-year rule of Hosni Mubarak, demanding change, demanding freedom and demanding democracy. No longer were they content...
Kenyan High Court breaks rank with Supreme Court on the right to prompt notification for reasons of arrest

Kenyan High Court breaks rank with Supreme Court on the right to prompt notification for reasons of arrest

In Mohamed Feisal& 19 others v Henry Kandie et. Al. the Kenyan High Court departed from a decision by the Supreme Court of Kenya (SCORK) in the Hussein Khalid case....
National Security and Constitutional Rights: Recent Developments in Hong Kong

National Security and Constitutional Rights: Recent Developments in Hong Kong

The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the “Law”) aims to safeguard national security by criminalising activities capable...
All Eyes on Hong Kong: China’s New Security Law and Rising Rights Concerns

All Eyes on Hong Kong: China’s New Security Law and Rising Rights Concerns

China is all set to impose a new National Security Legislation in the Hong Kong Special Administrative Region (HKSAR) which will “prevent, stop and punish acts and activities endangering national...
Temporary Exclusion Orders and the Right to a Fair Hearing in the UK

Temporary Exclusion Orders and the Right to a Fair Hearing in the UK

In QX v Secretary of State for the Home Department [2020], the UK High Court reached a landmark preliminary decision that ECHR Article 6 applies to the judicial review of...
International Criminal Investigation in Afghanistan

International Criminal Investigation in Afghanistan

On 5 March 2020, after more than a decade of preliminary examination, and the initial rejection by Pre-Trial Chamber-II (‘the Chamber’) of the International Criminal Court, the Appeals Chamber unanimously...
Have Prisons In India Become Ticking Time Bombs Amidst COVID-19 Outbreak?

Have Prisons In India Become Ticking Time Bombs Amidst COVID-19 Outbreak?

The Apex court in India, right from the latter half of the 20th Century till as late as March 2020, has upheld the status of prisoners as people who have...
Pre-recorded evidence in Australia in an era of COVID-19

Pre-recorded evidence in Australia in an era of COVID-19

As the Australian government struggles to keep up with the rapid pace of COVID-19 (coronavirus), societal freedoms are being restricted. At the same time, certain constraints around criminal procedure are...
Catalonia: Human Rights Violations in the Imprisonment and Conviction of the Pro-Independence Political Leaders

Catalonia: Human Rights Violations in the Imprisonment and Conviction of the Pro-Independence Political Leaders

The imprisonment and conviction of the Catalan pro-independence political leaders by the Spanish Supreme Court has been largely criticised by numerous international human rights organizations. Amnesty International, the Working Group...
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...

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