Resources

A Comparative Study of Bail Legislation in Malawi, Mozambique and Burundi
Author: Jean
Published: Oct 12, 2016

The deprivation of liberty is a serious intervention in any person’s life, and therefore the possibility of releasing an accused person from custody pending trial is a fundamental part of criminal justice systems across the world. Criminal justice systems have developed various ways to ensure, at least in law, that accused persons appear for trial without depriving them of their liberty. Such release may be conditional or unconditional. Unconditional release usually takes the form of a warning to appear in court at a later date, while conditional release can be secured through bail, bond, surety, and supervision. This paper reviews the laws on conditional release in Burundi, Malawi and Mozambique. These three countries were selected on the basis that they represent not only different types of legal systems but Francophone, Anglophone and Lusophone legal traditions, respectively. --

Constitutionnalité des lois relatives à la procédure pénale et à la détention en Afrique: Côte d’Ivoire
Author: Jean
Published: Oct 02, 2016

A la suite de l'adoption de conventions internationales des droits de l'homme dans la deuxième moitié du dernier siècle et de nouvelles constitutions à la fin du 20e siècle, la question se pose de savoir si les droits reconnus dans ces conventions et constitutions sont reconnus dans la législation applicable. Dès lors, ce rapport examine la question de la constitutionnalité du droit pénal et du droit de la procédure pénale en Côte d'Ivoire. Une étude comparative des cadres normatifs au Burundi, Côte d’Ivoire, Kenya, Mozambique et Zambie est également disponible en anglais.

Constitutionality of Criminal Procedure and Prison Laws in Africa: Zambia
Author: Jean
Published: Oct 01, 2016

Zambia’s Constitution contains an enforceable Bill of Rights, one which mainly lists civil and political rights that constrain state power. Having human rights enshrined in an enforceable manner in the Constitution is important, because the validity of other laws is measured by their conformity to the Constitution.

Constitutionality of Criminal Procedure and Prison Laws in Africa Kenya 2
Author: Jean
Published: Oct 01, 2016

Kenya’s 2010 Constitution is liberal with regard to the rights of persons in the country’s criminal justice system. Its notable novel provisions include the entrenchment of the rights to fair trial and habeas corpus and the separation of criminal investigations and prosecutions under two independent systems. The country’s penal and criminal procedure laws predate the Constitution.

Constitutionality of Criminal Procedure and Prison Laws in Africa: Kenya
Author: Jean
Published: Oct 01, 2016

Kenya’s 2010 Constitution is liberal with regard to the rights of persons in the country’s criminal justice system.This study identifies conformity gaps between, on the one hand, constitutional protections of the rights of arrested, accused and detained persons and, on the other, statutory criminal procedure requirements. The starting-point is the Constitution and, accordingly, the study is concerned with provisions in criminal procedure law that are directly or indirectly within the scope of application of an explicit right in the Constitution.

Constitutionality of Criminal Procedure and Prison Laws in Africa: Côte d’Ivoire
Author: Jean
Published: Oct 01, 2016

The adoption by referendum of Law No. 2000.515 of 1 August 2000 establishing the Constitution of the Republic of Côte d’Ivoire must be understood against the political backdrop of that time. It resulted from the need to restore state’s institutions after the coup of 24 December 1999 and to prepare for the presidential election of October 2000. Many national and international observers agree that the Ivorian Constitution of 2000 is an essential text establishing minimum standards. Observers also consider that the Constitution broadly incorporates the main principles established by the conventions and treaties that Côte d’Ivoire has signed since 1960. In criminal matters, none of the major pieces of legislation (the CCP, the CC and the PA Decree) has been modified and updated in the light of the new Constitution.

Constitutionality of Criminal Procedure and Prison Laws in Africa: Burundi
Author: Jean
Published: Oct 01, 2016

The purpose of this study is to briefly examine major developments in Burundi’s criminal procedure legislation and prison laws since the adoption of its 2005 Constitution and to assess how these developments may have impacted on human rights. In effect, this study seeks to understand whether subordinate legislation in Burundi is in line with constitutional provisions and international standards relating to procedural safeguards for arrested and detained persons.

Constitutionality of Criminal Procedure and Prison Laws in Africa A comparative study of Burundi, Côte d’Ivoire, Kenya, Mozambique and Zambia
Author: Jean
Published: Oct 01, 2016

This study reviews 41 rights of arrested, accused and detained persons under Burundian, Ivorian, Kenyan, Mozambican and Zambian law. These countries were chosen because they represent Anglophone, Francophone and Lusophone Africa as well as countries that have a civil law and common law tradition. The study begins by reviewing 17 rights of those arrested and detained in police custody; it goes on to examine 18 rights of accused persons; and ends by considering six rights of those detained in prison on remand or as sentenced prisoners. Each right is examined from three angles: first, whether it is recognised under international human rights law; secondly, to what extent the right is enshrined in the domestic constitution of the jurisdiction under review; and thirdly, to what extent the right is upheld and developed in subordinate legislation.

© 2016 Dullah Omar Institute
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