Saturday, January 22, 2011

The Diving Bell And The Butterfly Stream

increased rights for persons in custody

must be reformed police custody before May
wrote Johannes Franck in Le Monde . Since
The Constitutional Council has decided ..., July 30, 2010, that custody does not "a balanced reconciliation" between "searching for offenders' and" the exercise of constitutionally guaranteed freedoms " and gave the government one year to find a solution. [Indeed,] Chancery had submitted a text to the Assembly on 13 October that it has amended a minimum after the condemnation of France, on 14 October by the European Court of Human Rights (ECHR) and the judgments of 19 October the Court of Cassation.

... the number of custody has more than doubled in less than ten years, from 336,718 in 2001 to 792,293 in 2009, including 174,244 for mere infractions of the road. ... To reduce the number of custody to 500,000, the chancellor had planned to make an exceptional measure and create a "free hearing" without counsel or special guarantees. The Law Commission has estimated the extent contrary to the jurisprudence of the ECHR, was concerned that we can "abusing the ignorance of the person of the rights she waived" and deleted Free hearing.

The debate is not settled ...

presence of counsel and increased fees. The right to remain silent in police custody, removed by the Homeland Security Act of 2003, is restored as in most democracies. The person in custody may now have his family and his employer (and not one or the other). Above all, he may be assisted by a lawyer throughout the hearing and no longer view it as half an hour today.

... People can keep their glasses or bra of measures of deprivation considered unnecessarily humiliating. ... The drunk drivers, so far placed in custody, will sober up at home, waiting for their call. While
Johannes Franck argues that Strong constraints on the implementation (on bottom of a woman reporting rape in Custody ) Yves Bordenave collects about Flaesch Christian, director of the Judicial Police (PJ) at the police headquarters in Paris. Before reform custody , a reader protests:
custody 800 000 per year! This is outrageous. This regime has found a way to flag people. Obviously, when some advocate zero tolerance for other means, it is not surprising to find great friends of Ben Ali, who dreamed of a policeman behind every Tunisian. The freedoms are dying in this country. It will take a leap there, a great escape.

0 comments:

Post a Comment