July 22, In this context trial observation can be a crucial tool in efforts to defend human rights and the primacy of the rule of law. The right to observe trials stems from the general right to promote and secure the protection and realisation of human rights. This Practitioners Guide provides the prospective trial observer with practical advice on how to carry out a trial observation.
It outlines the various criteria and operational aspects that need to be borne in mind when preparing for, and conducting, a trial observation. It also provides a systematic overview of the international norms and standards relating to fair trial and due process in criminal proceedings. A major challenge for him was insufficient resources to deal with the pending cases piled up on his desk.
Another was the scarcity of bullet-proof vehicles for judges in his court which was established as a specialist court to deal with the more serious crimes such as drug trafficking and paramilitary murders. Asked about the social media row which has erupted between lawyers in the case, in the context of contempt of court, he showed no inclination to intervene in matters outside the case itself, stressing to us that the principle of open justice was central to the Colombian legal system.
It is hard to overstate the significance of the mere fact this trial is taking place, after decades of impunity. Imagine Tony Blair on trial for war crimes in Iraq.
The case is emblematic of systematic human rights violations carried out during the armed conflict, due to the nature of the crimes committed, and the culture of impunity which surrounds such acts until over 20 years after their commission. The Colombian state has a legal duty to investigate, prosecute and punish the perpetrators of such acts.
The trial is a significant step forward, assuming it reaches a conclusion, regardless of its outcome. International trial observation is a vital tool in Colombia and other states where the rule of law is fragile and our presence might just make a difference.
To donate towards the mission please click here. Thanks to all for their participation in the mission and contributions to this article, in particular to Julia Lowis and Kirsty Brimelow QC.
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Subscribe Advertise. The proceedings During the proceedings, evidence was given by survivors of as many as murder victims. Daniel Prado In Colombia, being a lawyer is a high-risk occupation.
So, as in this case, concern about the safety of the lawyers is a key factor in ensuring a fair trial and committing to trial observation, whether judge, prosecutor, or defence lawyers I first heard about the case and came across Daniel Prado, lawyer for many of the alleged murder victims last year, when he visited London to speak about the trial; he was visibly shaking when describing fears for his safety.
Systematic human rights violations It is hard to overstate the significance of the mere fact this trial is taking place, after decades of impunity. Sue Willman. International trial observation Date: 22 August September [1]. Author s :. Sue Willman [2].
Related articles:. Extraordinary day in the life: Kirsty Brimelow QC [3]. Justice Matters [4] , Law in Practice [5].
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