Jul 27, 2009
The ICJ presented to the Italian Senate its intervention on Bill no. A.S. 1440 on the reform of criminal procedure.
The ICJ expresses its views on certain provisions of the Bill which risk extending the already excessive length of judicial proceedings in Italy, such as concession of additional periods for the preparation of the defence, new rules on evidence, and the establishment of an additional judicial panel for judicial review of detention. The ICJ also puts forward recommendations for the amelioration of the reform of the Pinto Law, the remedy under Italian law for excessive length of judicial proceedings. Finally, the ICJ addresses the new rules on abstention and recusal of judges, which affect judges’ independence and freedom of expression; the rule on mandatory closure of criminal proceedings; the new rules on revision of criminal trials and the provision on publication of European Court of Human Rights’ decisions.
Jul 22, 2009
A fair trial is essential, not only for protecting the human rights of the accused and those of victims but also to ensure proper administration of justice, which is a key component of the rule of law.
Jul 22, 2009
Drawing upon a full range of case law, the report shows that adjudication of economic, social and cultural rights is possible, desirable and already being carried out by courts in all continents.
The report addresses the legal and political objections to the justicability of economic, social and cultural rights and confirms their justiciability.
Courts-legal-enforcement-ESCR-Human-Rights-Rule-of-Law-series-2009-eng (full text in English, PDF)
Courts-legal-enforcement-ESCR-Human-Rights-Rule-of-Law-series-2009-fra (full text in French, PDF)
Courts-legal-enforcement-ESCR-Human-Rights-Rule-of-Law-series-2009-spa (full text in Spanish, PDF)
Jul 22, 2009
This Guide in Spanish presents a systematic study of the international legal principles applicable to impunity for serious human rights violations.
Jul 22, 2009
This ICJ position paper points to the necessity for EU measures to protect procedural rights in EU criminal justice co-operation.
The organizations call on the Swedish Presidency to make explicit that the adoption of these rights will be a prioritized issue during the Presidency and as a result will be included in the Stockholm Programme on justice and home affairs.
Procedural Rights and Safeguards in Criminal Proceedings-position paper-2009 (full text, PDF)