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Redress of Human Rights Abuses in Criminal Justice in International Human Rights Jurisprudence in 2012

This overview highlights the jurisprudence for the year 2012 for international human rights obligations of nations involving their criminal justice systems. The jurisprudence derives from several major human rights treaties; their guarantees share similar language impacting criminal justice systems. There are United Nations human rights treaty bodies that monitor implementation of the human rights treaties through an individual petition process; thus, the 2012 jurisprudence included that from the Human Rights Committee (HRC) for the International Covenant on Civil and Political Rights (ICCPR), Committee Against Torture (CmAT) for the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Committee on the Elimination of Racial Discrimination (CmERD) for the Convention on the Elimination of All Forms of Racial Discrimination, and the Committee on the Elimination of Discrimination Against Women (CmEDAW) for the Convention on the Elimination of Discrimination Against Women. Regional regimes have judicial bodies that seek compliance with human rights norms. For 2012, jurisprudence came from the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), for which the European Court of Human Rights (ECtHR) monitors member states’ compliance. The judgments of the Inter-American Court of Human Rights (IACtHR) are binding on states that have accepted the American Convention on Human Rights (ACHR). Final judgments on the merits in criminal justice–related cases, available in English, are the focus of this review. Of the 2,090 judgments by the Grand Chamber and Chamber panels of the ECtHR in 2012, there were 303 judgments listed of highest importance; of these, 27 judgments are substantially related to criminal justice. There were 22 cases decided in 2012 by the HRC involving criminal justice system issues. The CmEDAW and CmERD each decided one case involving national criminal justice systems. The CmAT decided five such cases. The IACtHR reached nine final pertinent judgments. For 2012 neither the African Commission on Human and Peoples’ Rights nor the InterAmerican Commission on Human Rights decided any cases relevant for this review. The discussion of this jurisprudence is organized by the order of the processes of a criminal justice system, beginning with the rule of law issues, followed by concerns in criminal investigation (interrogations and