Appropriate Remedy of Redress for Human Rights Violations Against Acquitted Persons: Commentary on the ICTR Imanishimwe Case
ANNOTATED LEADING CASES OF INTERNATIONAL TRIBUNALS: THE INTERNATIONAL TRIBUNAL FOR RWANDA 2006-2007, Volume 25, p. 941-950, André Klip & Göran Sluiter, eds., Intersentia, 2010
13 Pages Posted: 24 Apr 2012 Last revised: 24 Feb 2015
Date Written: 2010
For the first time in the history of the international criminal tribunals, a person who has claimed that his human rights have been violated in international criminal proceedings has been granted financial compensation as a means of redress for that alleged violation. That, however, is not the only reason why the decisions on appropriate remedy in the Rwamakuba case merit closer examination. They are equally important because they also make clear that there is no right to redress in several situations that are unjust to the accused. Ultimately, the possibility that an accused can obtain redress depends very much on whether or not the grievance claimed may be qualified as a human rights violation. If so, then the tribunal may award redress. Although this might seem a reasonable system, the case of Rwamakuba proves that it is not necessarily so. This contribution offers a commentary to: International Criminal Tribunal for Rwanda, Decision on Samuel Imanishimwe's Application for Early Release, Prosecutor v. Imanishimwe, Case No. ICTR-99-46-S, President, 30 August 2007. Human rights that are discussed are the right to legal assistance, the right to court, the right to redress and the right to compensation for detention.
Keywords: Human Rights, Law, ICTR, Redress, Legal assistence, Detention, International Criminal Law
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