Lesson 4: Human Rights

=ETHICS CRIMINAL INVESTIGATION HUMAN RIGHTS ISSUES=

Key Words

 * 1) Concent
 * 2) impartiality
 * 3) Mininmum use of force
 * 4) Credibility
 * 5) Negotiation and Mediation.}}



INTRODUCTION
“NO FREEMAN  SHALL BE  TAKEN, IMPRISONED, OUTLAWED, EXILED  OR  IN  ANY  WAY  DESTROYED,  NOR  WILL  WE  PROCEED  AGAINST  OR  PROSECUTE  HIM,  EXCEPT  BY  THE  LAWFUL  JUDGEMENT  OF  HIS  EQUALS  AND  BY  THE  LAW  OF  THE  LAND” (MAGNA CARTA  1215)

These very points are reemphasized by Universal Standards for  human  rights,  law  enforcement, international relations and international law:

WHAT THEN DO WE MEAN  BY  “HUMAN  RIGHTS”?

Definition

Human Rights  are  universal  legal  guarantees  protecting  individuals  and  groups  against  actions  by  governments  which  interfere  with  fundamental  freedoms  and  human  dignity.

-The right to life

-Right to adequate food, shelter, clothing and social security


 * 1) Freedom of thought and religion


 * 1) Freedom of movement


 * 1) Freedom of discrimination


 * 1) Right to equal protection of the law


 * 1) The right to a fair trail


 * 1) Freedom from arbitrary interference with privacy, family, home or correspondence

A HUMAN RIGHTS  VIOLATIONIS A GOVERNMENTAL TRANSGRESSION OF  RIGHTS GUARANTEED  BY INTERNATIONAL,  REGIONAL AND  NATIONAL LAW SOURCES  OF  HUMAN  RIGHTS  LAW CUSTOMARY INTERNATIONAL  LAW

General and consistent practice of states followed because of sense of legal obligation

Includes provisions of the UNIVERSAL DECLARATION OF HUMAN  RIGHTS TREATY LAW


 * 1) Covenant on Civil and Political Rights


 * 1) Covenant on Economic, Social and Cultural Rights


 * 1) Convention Against Torture


 * 1) Convention on Elimination of all forms of Racial Discrimination

etc. [[RFLECTION|
 * 1) Convention on the Rights of the Child

INSTEAD OF  PUTTING OTHERS  IN  THEIR  PLACE,PUT  YOURSELFIN  THEIR  PLACE.]]

POLICE INVESTIGATIONS KEYPOINTS Presumption of innocence Right to a fair trial Right to security of the person Respect for confidentiality of the information Right not to confess or testify against self Absolute prohibition of torture, cruel,                 inhuman, degrading treatment

PRESUMPTION OF INNOCENCE Everyone charged  with  criminal  offence  shall  have  the  right  to  be  presumed  innocent  until  proved  guilty  according  to  law. (ICCPR art.14) RIGHT TO A FAIR TRIAL To be informed promptly and in detail of the charge against him or her

To be tried without undue delay

To examine, or have examined, the witnesses against him or her

To be free from compulsion to testify against self, or to confess guilty DEFINITION OF TORTURE TORTURE Torture is never justified under any circumstances, and no public official has any defense available to him or her for committing a crime. No exceptional circumstances whatsoever, whether a state of war or threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. An order from a superior officer or a public authority may not be invoked as a justification of torture. ARREST International Covenant on Civil and Political Rights (ICCPR)

Body of Principles for the Protection of All Persons under any Form of detention or Imprisonment (BoP)

Declaration on the Protection of All Persons from Enforced Disappearance (DD) RIGHTS RELATING TO ARREST PROHIBITION OF ARBITRARY ARREST

not based on legal grounds not respecting legal procedures not reasonable/appropriate in the circumstances discriminatory without fair, solid and substantial cause THE ARRESTING Ethiopia POLICE OFFICER SHOULD TELL THE ARRESTED PERSON OF THEIR RIGHTS: The reason for arrest The right to remain silent and make no statement The right, of the suspect, to inform family or employer of the detention The right to contact a lawyer before any statements to the arresting authority DETENTION International Covenant on Civil and Political Rights (ICCPR) Standard Minimum Rules for the Treatment of Prisoners (SMR) Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment (BoP) Definitions DETAINEE

Person deprived of personal liberty pending trial (unconvicted) PRISONER

Person deprived of personal liberty as a result of conviction for an offence       (convicted) PRE-TRIAL DETENTION SHOULD BE EXCEPTION, RATHER THAN THE RULE “It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.” (ICCPR) CLASSIFICATION AND SEGREGATION UNCONVICTED 1.women 2.juveniles 3.ordinary population 4.convicted 5.men 6.adults 7.dangerous 8.detainees 9.juvenile offenders

Never give  out  a juvenile’s  name  to  anyone  except  the  judge  and prosecutor arrest a juvenile only as a last resort parents are  to  be  notified  of  any  arrest,  detention,  transfer,  sickness,  injury  or  death the human rights of women and children violence against women  and children is  a  crime  and  must  be  treated  as  such,  including  when  it  occurs  within  the  family women and children as victims women and children who are victims of domestic and other forms of violence are entitled to the same protection as other victims of crime People (including husbands and partners) who subject women and children to domestic or other forms of violence must be dealt with under the law just like other offenders

Now is the time to reflect on these matters and go foreword as a leader in your area of responsibility. 