Human Rights and Criminal Procedure – Diploma II
NEW DIPLOMA!
This Diploma, ‘Human Rights and Criminal Procedure’ is designed to follow on from Diploma I ‘Human Rights Law and Practice’. Students must be familiar with the concepts of Diploma I before studying Diploma II.
Diploma II teaches the fundamental international and regional laws, human rights protection mechanisms and prevention of impunity that underpin the rule of law. Particular focus is given to fair trial procedures from arrest to final judgment, the prevention of torture and redress for victims of crime, implementation and the domestic legal effect of the international rules.
Part 1
Role of Judges, Lawyers and Prosecutors in Upholding the Rule of Law
• Universal and regional human rights standards protecting the
independence of the profession
• Selected case law relating to the above
Part 2
Human Rights and Arrest, Pre-Trial Detention and Administrative Detention
• International legal standards regarding liberty and security of the
person
• How such international and regional norms are enforced in practice
• Legal measures that protect the rights of persons arrested or in
detention
Part 3
The Right to Fair Trial: From Investigation to Trial
• The enforcement of fair trial standards is essential to the protection of
human rights largo senso, conducive to economic investment and the
development of national and international peace and security
• International and regional legal rules concerning the protection of
individual rights during criminal investigations
• The enforcement of the rule of law, methods for combating torture and
other human rights abuses
Part 4
The Right to Fair Trial: From Trial to Final Judgement
• Trial stage: International legal rules and mechanisms that protect the
rights of those charged with criminal offences
• Are these rules applicable during crisis situations?
Part 5
International Legal Standards for the Protection of Persons Deprived of their Liberty
• International legal standards concerning the treatment of persons
deprived of liberty
• Legal duty of States to prevent, investigate and prosecute violations of
the standards to protect persons deprived of their liberty
• Treatment of prisoners, ill-treatment and torture case examples to
demonstrate past judgements and the application of the rules
concerning the mistreatment of those deprived of their liberty
Part 6
The Use of Non-Custodial Measures in the Administration of Justice
• Analysis of the International Standards relating to the use of non-
custodial measures
• What legal protections are applicable to the use of non-custodial
measures and how the mechanisms available to uphold these legal
protections can be applied
Part 7
Protection and Redress for Victims of Crime and Human Rights Violations
• The impact of crimes and human rights violations on the victim
• International legal rules available to protect and obligate redress for
victims of crimes such as torture or other human rights abuses