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The Resource Illusory justice, prevailing impunity : lack of effective remedies and reparation for victims of human rights violations in Tunisia

Illusory justice, prevailing impunity : lack of effective remedies and reparation for victims of human rights violations in Tunisia

Label
Illusory justice, prevailing impunity : lack of effective remedies and reparation for victims of human rights violations in Tunisia
Title
Illusory justice, prevailing impunity
Title remainder
lack of effective remedies and reparation for victims of human rights violations in Tunisia
Title variation
Lack of effective remedies and reparation for victims of human rights violations in Tunisia
Contributor
Author
Issuing body
Subject
Genre
Language
eng
Summary
In a new report released today, the ICJ called on the Tunisian authorities to adopt comprehensive legal and policy reforms as well as practical measures to fully guarantee effective remedy and reparation for victims of human rights violations. Under Ben Ali's regime, thousands of human rights violations, including torture and other ill-treatments, unlawful killings, enforced disappearances, and arbitrary arrests and detentions, were committed by law enforcement and other security officers, the ICJ reminds. Numerous similar violations were also committed during the December 2010 to January 2011 uprising and some continue today. The ICJ report Illusory Justice, Prevailing Impunity highlights how, five years after the toppling of former President Ben Ali, legal and practical obstacles continue to undermine victims' right to a remedy and reparation. "Despite the adoption of some reforms and transitional justice measures, such as the establishment of the Truth and Dignity Commission, to date the legal system has failed to deliver the truth and justice that victims have been tirelessly seeking," said Theo Boutruche, Legal Adviser at ICJ's Middle East and North Africa Programme. While several cases have been brought before Tunisian courts, in particular military courts, these proceedings in themselves do not fulfil Tunisia's obligations to fully investigate and prosecute crimes under international and national law, establish the truth about violations, and ensure remedy and reparation for victims, the ICJ says. The report details numerous flaws, in law and practice, including: lack of independence of the judiciary; inadequate statutory definitions of crimes; inadequate statutory recognition of the responsibility of superior officers for certain violations committed by their subordinates; the broad discretion of the public prosecutor to dismiss cases without providing specific reasons; the inadequacy of criminal investigations, including the lack of effective measures for the protection of victims and witnesses; and the resort to military justice, rather than ordinary civilian courts, to address human rights violations. "Hope and expectations for justice grew within the transition period, but victims are frustrated and disappointed by persistent impunity and the inadequate outcomes in the proceedings brought against law enforcement officials since 14 January 2011," added Boutruche. The report identifies specific reforms of the justice system, in line with international law and standards that are needed to address current obstacles and fully realize the victims' right to a remedy and reparation. These include ensuring that: gross human rights violations are promptly, thoroughly and effectively investigated by bodies capable of triggering criminal prosecutions where required; victims and witnesses are protected; and that victims' rights are given full effect, including the possibility to judicially review any decision by a prosecutor to dismiss a case prior to opening an investigation. "Comprehensive reforms of the justice system are needed not only for victims of past violations to obtain justice and reparation but also for 'transitional justice' measures to deliver meaningful justice. The successful transfer of cases by the Truth and Dignity Commission to the Specialized Chambers highly depends on those reforms," said Boutruche.--
Member of
Assigning source
Publisher press release
Cataloging source
DOS
http://bibfra.me/vocab/lite/collectionName
HeinOnline International Commission of Jurists (ICJ) Library
Index
no index present
LC call number
KTV2460
LC item number
.I458 2016 ONLINE
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
International Commission of Jurists (1952- ),
http://library.link/vocab/subjectName
  • Human rights
  • Human rights monitoring
  • Justice, Administration of
  • Reparations for historical injustices
  • International law and human rights
  • Human rights
  • Human rights monitoring
  • International law and human rights
  • Justice, Administration of
  • Reparations for historical injustices
  • Tunisia
Label
Illusory justice, prevailing impunity : lack of effective remedies and reparation for victims of human rights violations in Tunisia
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Assessment in light of international law and standards
  • Superior orders
  • ii.
  • Assessment in light of international law and standards
  • 1.
  • Superior responsibility
  • 2.
  • Superior orders
  • H. The
  • Use of military courts
  • i.
  • B. The
  • Tunisian legal framework
  • 1.
  • Jurisdiction of military courts over gross human rights violations
  • 2.
  • Proceedings before military courts
  • 3. The
  • Role of victims in military courts
  • 4.
  • Investigations by the military investigating judge
  • ii.
  • Role of the public prosecutor and prosecutorial discretion
  • Assessment in light of international law and standards
  • 3. THE
  • RIGHT TO AN EFFECTIVE REMEDY IN OTHER PROCEDURES AND THE RIGHT TO REPARATION
  • A. Overview
  • B.
  • Court ordered reparations
  • i.
  • Reparations flowing from criminal proceedings
  • 1.
  • Tunisian legal framework
  • i.
  • 2.
  • Assessment in light of international law and standards
  • ii.
  • Tunisian civil and administrative proceedings
  • 1.
  • Tunisian legal framework
  • 2. Assessment in light of international law and standards
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • C. The
  • Investigating judge and the direction of the investigation
  • i.
  • EXECUTIVE SUMMARY AND KEY RECOMMENDATIONS -- GLOSSARY -- INTRODUCTION
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • D. The
  • Role of the civil party
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • E.
  • 1. THE
  • Victim and witness testimony and protection
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • 2.
  • OTHER LEGAL AND PRACTICAL OBSTACLES TO INDIVIDUAL CRIMINAL RESPONSIBILITY
  • A.
  • Definition of offences
  • i.
  • RIGHT TO AN EFFECTIVE REMEDY IN THE RULES OF CRIMINAL PROCEDURE IN TUNISIA AND INDIVIDUAL CRIMINAL RESPONSIBILITY
  • Extrajudicial executions
  • 1.
  • Tunisian legal framework
  • 2.
  • Assessment in light of international law and standards
  • ii.
  • Torture and other ill-treatment
  • 1.
  • Tunisian legal framework and practice
  • 2.
  • A.
  • Assessment in light of international law and standards
  • iii.
  • Enforced disappearances and secret detention
  • 1.
  • Tunisian legal framework and practice
  • 2.
  • Assessment in light of international law and standards
  • iv.
  • Arbitrary detention
  • 1.
  • Initiating criminal proceedings
  • Tunisian legal framework and practice
  • 2.
  • Assessment in light of international law and standards
  • B.
  • Sentences not commensurate with the crime
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • C.
  • i.
  • Application of international law by the court
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • D.
  • Ne bis in idem
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Tunisian legal framework and practice
  • Assessment in light of international law and standards
  • E.
  • Principle of legality
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • F.
  • Statute of limitations
  • i.
  • ii.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • G.
  • Responsibility of superiors and superior orders
  • i.
  • Tunisian legal framework and practice
  • 1.
  • Superior responsibility
  • 2.
Control code
961119117
Extent
1 online resource (115 pages)
Form of item
online
Isbn
9789290372233
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Specific material designation
remote
System control number
(OCoLC)961119117
Label
Illusory justice, prevailing impunity : lack of effective remedies and reparation for victims of human rights violations in Tunisia
Publication
Copyright
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Assessment in light of international law and standards
  • Superior orders
  • ii.
  • Assessment in light of international law and standards
  • 1.
  • Superior responsibility
  • 2.
  • Superior orders
  • H. The
  • Use of military courts
  • i.
  • B. The
  • Tunisian legal framework
  • 1.
  • Jurisdiction of military courts over gross human rights violations
  • 2.
  • Proceedings before military courts
  • 3. The
  • Role of victims in military courts
  • 4.
  • Investigations by the military investigating judge
  • ii.
  • Role of the public prosecutor and prosecutorial discretion
  • Assessment in light of international law and standards
  • 3. THE
  • RIGHT TO AN EFFECTIVE REMEDY IN OTHER PROCEDURES AND THE RIGHT TO REPARATION
  • A. Overview
  • B.
  • Court ordered reparations
  • i.
  • Reparations flowing from criminal proceedings
  • 1.
  • Tunisian legal framework
  • i.
  • 2.
  • Assessment in light of international law and standards
  • ii.
  • Tunisian civil and administrative proceedings
  • 1.
  • Tunisian legal framework
  • 2. Assessment in light of international law and standards
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • C. The
  • Investigating judge and the direction of the investigation
  • i.
  • EXECUTIVE SUMMARY AND KEY RECOMMENDATIONS -- GLOSSARY -- INTRODUCTION
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • D. The
  • Role of the civil party
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • E.
  • 1. THE
  • Victim and witness testimony and protection
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • 2.
  • OTHER LEGAL AND PRACTICAL OBSTACLES TO INDIVIDUAL CRIMINAL RESPONSIBILITY
  • A.
  • Definition of offences
  • i.
  • RIGHT TO AN EFFECTIVE REMEDY IN THE RULES OF CRIMINAL PROCEDURE IN TUNISIA AND INDIVIDUAL CRIMINAL RESPONSIBILITY
  • Extrajudicial executions
  • 1.
  • Tunisian legal framework
  • 2.
  • Assessment in light of international law and standards
  • ii.
  • Torture and other ill-treatment
  • 1.
  • Tunisian legal framework and practice
  • 2.
  • A.
  • Assessment in light of international law and standards
  • iii.
  • Enforced disappearances and secret detention
  • 1.
  • Tunisian legal framework and practice
  • 2.
  • Assessment in light of international law and standards
  • iv.
  • Arbitrary detention
  • 1.
  • Initiating criminal proceedings
  • Tunisian legal framework and practice
  • 2.
  • Assessment in light of international law and standards
  • B.
  • Sentences not commensurate with the crime
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • C.
  • i.
  • Application of international law by the court
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • D.
  • Ne bis in idem
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Tunisian legal framework and practice
  • Assessment in light of international law and standards
  • E.
  • Principle of legality
  • i.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • F.
  • Statute of limitations
  • i.
  • ii.
  • Tunisian legal framework and practice
  • ii.
  • Assessment in light of international law and standards
  • G.
  • Responsibility of superiors and superior orders
  • i.
  • Tunisian legal framework and practice
  • 1.
  • Superior responsibility
  • 2.
Control code
961119117
Extent
1 online resource (115 pages)
Form of item
online
Isbn
9789290372233
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Specific material designation
remote
System control number
(OCoLC)961119117

Library Locations

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