Early Release in the Context of International Human Rights Law: Commentary on the ICTR Rwamakuba Case

ANNOTATED LEADING CASES OF INTERNATIONAL TRIBUNALS. THE INTERNATIONAL TRIBUNAL FOR RWANDA 2006-2007, Volume 25, pp. 954-962, André Klip & Göran Sluiter, eds., Intersentia, 2010

11 Pages Posted: 24 Apr 2012

Date Written: 2010

Abstract

Early release, pardon and commutation of sentence are all instruments that aim to serve justice, although in cases when they are applied too strictly, they may instead be regarded as producing injustice. This not only corresponds to what appears to be a quite common view, it also results from international human rights law, as will become clear in this contribution. In order to analyse and explain the decision by the president of the ICTR on Samuel Imanishimwe’s application for early release, human rights law will be frequently referred to. I shall take particular note of the relevant findings of the Human Rights Committee (HRC) on the International Covenant on Civil and Political Rights (ICCPR), the European Court of Human Rights (ECtHR) on the basis of the European Convention on Human Rights (ECHR), and the Inter-American Commission and Court of Human Rights (I-ACionHR and I-ACtHR) on the American Convention on Human Rights (ACHR). This contribution discusses whether early release is a human right, the principle of non-discrimination, the principle of legality and the right to a fair trial.

Keywords: Early release of prisoners, Human rights, legality, fair trial, non-discrimination, International Criminal Law

Suggested Citation

van Kempen, Piet Hein, Early Release in the Context of International Human Rights Law: Commentary on the ICTR Rwamakuba Case (2010). ANNOTATED LEADING CASES OF INTERNATIONAL TRIBUNALS. THE INTERNATIONAL TRIBUNAL FOR RWANDA 2006-2007, Volume 25, pp. 954-962, André Klip & Göran Sluiter, eds., Intersentia, 2010. Available at SSRN: https://ssrn.com/abstract=2045786

Piet Hein Van Kempen (Contact Author)

Radboud University Nijmegen ( email )

Faculty of Law
PO Box 9049
Nijmegen, 6500 KK
Netherlands

HOME PAGE: http://www.ru.nl/english/people/kempen-p-van/

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