Download Language and the Right to Fair Hearing in International by Catherine S. Namakula PDF

By Catherine S. Namakula

Language and the correct to reasonable listening to in foreign legal Trials explores the impression of the dynamic issue of language on trial equity in overseas felony court cases. by way of empirical learn and jurisprudential research, this booklet explores the results that engaging in a tribulation in additional than one language could have for the appropriate to reasonable trial. It unearths that the language debate is as previous as overseas felony justice, yet as a result of misrepresentation of the prestige of language reasonable trial rights in overseas legislation, the controversy has no longer yielded concrete reforms.

Language is the center starting place for justice. it's the skill by which the rights of the accused are secured and exercised. Linguistic complexities equivalent to misunderstandings, translation blunders and cultural distance between members in foreign legal trials have an effect on court docket communique, the presentation and the belief of the proof, therefore jeopardizing the principles of a good trial.

The writer concludes that language reasonable trial rights are precedence rights positioned within the minimal promises of reasonable felony trial; the duty of the courtroom to make sure reasonable trial or accord the accused individual a good listening to additionally contains the obligation to make sure they could comprehend and be understood.

Show description

Read or Download Language and the Right to Fair Hearing in International Criminal Trials PDF

Best foreign & international law books

International Judicial Institutions: The Architecture of International Justice at Home and Abroad

Written by way of a former UN leader Prosecutor and a number one overseas legislation specialist, this is a miles wanted, brief and obtainable advent to the present debates in overseas humanitarian law. Analyzing the criminal and political underpinnings of foreign judicial associations, it offers the reader with an realizing of either the historic improvement of associations directed in the direction of overseas justice, in addition to an summary of the variations and similarities among such companies.

Marine Scientific Research: The Operation And Status of Research Vessels And Other Platforms in International Law (Publications on Ocean Development)

The current research examines the criminal framework for marine clinical examine with a spotlight on study structures. Oceanographers locate themselves confronted with a fancy set of provisions governing their actions not just in waters of overseas jurisdiction. because the riches of the oceans became identified to decision-makers in coastal States, overseas motion has set the path for an ever tighter law of the ocean makes use of.

Turkey: Terrorism, Civil Rights and the European Union

How do democratic societies keep the stability among civil rights and protection whereas carrying on with the struggle on international terrorism? This paintings increases this factor and provides one kingdom, Turkey, and its fight to enforce legislation to strive against terrorism and conform to the ecu Union’s civil rights criteria.

Guilty pleas in international criminal law constructing a restorative justice approach

Overseas crimes, similar to genocide and crimes opposed to humanity, are advanced and tough to end up, so their prosecutions are expensive and time-consuming. to that end, foreign tribunals and family our bodies have lately made larger use of responsible pleas, a lot of that have been secured via plea bargaining.

Additional resources for Language and the Right to Fair Hearing in International Criminal Trials

Sample text

57 See Kamatali (2005), p. 94 citing the chief prosecutor of the ICTR: ‘. often nuances were lost in the interpretation and translation process thus potentially distorting what a witness may have said or meant’. 58 Prosecutor v Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze ICTR-99-52-A (Media case). 59 Floyd (2005), p. 142. Floyd was counsel for Hassan Ngeze. 60 Floyd (2005), pp. 47–48. 61 Floyd (2005), p. 142. 63 The case also illustrates the difficulty and harsh realities of the exercise of court’s discretion in determining the scope of translation; practical considerations such as cost are essential but not easily reconcilable with the benchmarks of justice.

19. 15 Simultaneous translation is where the information is transferred into the second language as soon as interpreters understand a ‘unit’ of meaning; an interpreter translates the text while hearing it—Karton (2008), p. 19. 16 Australia, Canada, China, France, Great Britain, India, Netherlands, New Zealand, Philippines, Soviet Union, United States. See Horwitz (1950), pp. 488–489. 17 The Far Eastern Commission (FEC) was the top-level policy formulating body with regard to the occupation of Japan, which represented the Allied Powers led by the US, Great Britain, China, and the Soviet Union.

92 Prosecutor v Sam Hinga Norman, Moinina Fofana and Allieu Kondewa (CDF Case) SCSL-0414-AR73 Decision on Amendment of the Consolidated Indictment (16 May 2005), para 48. 93 See CDF Case SCSL-04-14-T Decision on Request by the First Accused for Leave to Appeal against the Trial Chamber’s Decision on First Accused’s Motion on Abuse of Process (24 May 2005). 94 See Staughton and Kirby (2002). 95 See Report of the UN Secretary-General on the Establishment of a Special Court for Sierra Leone Doc S/2000/915 (4 October 2000) para 59.

Download PDF sample

Rated 4.27 of 5 – based on 46 votes