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The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations
(De Gruyter Open, 2013)
In September 2013 in the case of Divito v Canada (Public Safety and Emergency
Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of
the Canadian Charter of Rights and Freedoms, the ...
How should the most evil of law breakers be punished: The death penalty vs life imprisonment in Uganda, 1993 – 2009
(The Human Rights and Peace Center (HURIPEC), 2011)
Article 22(1) of 1995 Constitution of Uganda protects the right to life and
provides that it can only be taken away in the ‘execution of a sentence passed
in a fair trial by a court of competent jurisdiction in respect ...
Prisoner transfer to South Africa: Some of the likely challenges ahead
(North-West University, 2013)
For many years the South African government has been reluctant to enter into prisoner transfer agreements. This reluctance is demonstrated by at least two instances. The first is that in 2000 there was an attempt by an ...
Domestic courts and the promotion and protection of the right to freedom from torture in Southern African development community countries
(University of Fort Hare, 2013)
The right to freedom from torture is protected not only in the constitutions of all SADC countries but also in some of the regional and international human rights instruments that have been signed, ratified or acceded to ...
Making sense of the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions
(Pretoria University Law Press (PULP), 2011)
In October 2010, the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions came into force. As the name suggests, the law is applicable to offenders sentenced to life imprisonment with special provisions. ...
Private prosecutions and discrimination against juristic persons in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development & Another
(Pretoria University Law Press (PULP), 2015)
Unlike countries such as the United Kingdom, Kenya, Zimbabwe and Australia, in South Africa companies and associations are not permitted to institute private prosecutions although natural persons have a right to institute ...
The Ugandan Transfer of Convicted Offenders Act, 2012: A commentary
(Pretoria University Law Press (PULP), 2012)
Like many countries, Uganda is home to foreign nationals. The presence of foreign nationals in the prison of a country raises questions regarding their treatment. Countries are increasingly enacting legislation, ratifying ...
The prosecution in South Africa of international offences committed abroad: The need to harmonise jurisdictional requirements and clarify some issues
(Juta Law, 2015)
There are two broad exceptions to the general rule that South African courts do not have jurisdiction over offences committed outside South Africa. The first set of exceptions developed by South African courts deals with ...
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)
Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ...
Spent convictions in Mauritius: Analysing the Police and Criminal Evidence Bill, 2013
(Juta Law, 2015)
For many years courts in Mauritius have considered a conviction that was
at least 10 years old to be spent for the purpose of sentencing. However, in
2002 the Mauritian Supreme Court held that there was no concept of ...