Human rights in the implementation of justice

Human rights in the implementation of justice

 

Even in the first PM documents, the importance of this category of rights has also been recognized historically and has always been a priority in the common list of PM. The implementation of justice in the new cases is an intense interference in the individual sphere of the individual. Involving a person as a witness is sufficient to disrupt his dynamic stereotype and create conditions for limiting some of his rights and opportunities. This is more relevant for defendants in criminal cases, but it is also relevant for victims and also for civil parties. In view of the specificity of justice and the legal obligations of the persons involved in its implementation, the danger of affecting or restricting fundamental rights is very high. That is why this sphere has always needed and received strict regulation. In order to achieve the necessary balance between the interest of justice and the rights and interests of the particular subject, the Magna Charter still contains a regulation of the main PM from the group of the so- court rights. For example, the right of access to a court, a fair trial within a reasonable time by an independent and impartial tribunal, the right to defense, the right to protection from arbitrary arrest, the presumption of innocence, etc. In modern PM tools, this regulation has been refined, supplemented. Law enforcement in the implementation of justice takes place at several levels:

1. Protection at national level

2. Defense on a bilateral basis

3. Regional protection

4. Universal level protection

BiH-level bilateral treaty - it is contained in bilateral agreements concluded between countries: extradition, transfer of convicted persons, legal assistance in criminal and civil matters. The aim is to support the implementation of justice while providing additional opportunities for the implementation of fundamental PM. This protection is of a subsidiary nature.

Protection at the regional level - the most significant after the national. The main instrument providing for safeguards is (a) ECHR - Article 6: Any person in the determination of his rights and duties or in the presence of any criminal charge against him has the right to a fair and public hearing of his case within a reasonable time by an independent and impartial tribunal established in accordance with the law. There is a presumption of innocence. Other members of the Convention guard the PM in the implementation of justice - Art. 7 prohibits the retroactive (reverse) action of the Criminal Law. With its jurisprudence, the ECHR further interprets and extensively interprets the texts of the Convention and the Protocols. This effectively defends the fundamental rights in criminal justice.

(b) European Prison Rules - provide for standards to be observed in respect of persons serving custodial sentences.

(c) European Convention against Torture

(d) European Convention on Extradition - Multilateral Agreement.

(e) European Convention on the Transfer of Sentenced Persons

(f) European Convention on the Compensation of Victims of Violent Crime.

Universal level protection - Universal instruments are limited to more general recommendations in areas not directly linked to different domestic decisions. Most universal instruments recommend that justice be given within a reasonable time without limits. They are limited to recommending that justice be carried out by an independent and impartial tribunal. Requiring access to court (UN minimum standards are lower than those of Europe.