2007African Human Rights Law JournalOpen access

The realisation of the right to bail in the Special Court for Sierra Leone : problems and prospects

Melron C. Nicol-Wilson

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Abstract

The right to bail, as provided for under some United Nations and regional human rights instruments, has in recent times been applied by international tribunals. This article reviews the implementation of this right by the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, before focusing in more detail on the incorporation of this right into the Statute of the Special Court for Sierra Leone and its implementation by the Special Court. In conclusion, some suggestions are offered to ensure the more effective realisation of the right to bail at the Special Court for Sierra Leone.

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The right to bail, as provided for under some United Nations and regional human rights instruments, has in recent times been applied by international tribunals. This article reviews the implementation of this right by the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, before focusing in more detail on the incorporation of this right into the Statute of the Special Court for Sierra Leone and its implementation by the Special Court. In conclusion, some suggestions are offered to ensure the more effective realisation of the right to bail at the Special Court for Sierra Leone.

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Available abstract

The right to bail, as provided for under some United Nations and regional human rights instruments, has in recent times been applied by international tribunals. This article reviews the implementation of this right by the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, before focusing in more detail on the incorporation of this right into the Statute of the Special Court for Sierra Leone and its implementation by the Special Court. In conclusion, some suggestions are offered to ensure the more effective realisation of the right to bail at the Special Court for Sierra Leone.

Key concepts: Sierra leone, Special court, Tribunal, Realisation, Law, Statute of limitations, Political science, Criminal court

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