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Male captus bene detentus : how human rights law influenced the evolution of this practice

Defense Thèse de doctorat : Univ. Genève, 2014 - D. 875 - 2013/11/22
Abstract In the last 160 years, courts have resorted quite consistently to the male captus bene detentus practice, allowing for the continuation of criminal procedures after transfer of the fugitive by way of extraterritorial abductions. Despite important scholarly criticism and judicial decisions staying trials and requesting the release of the accused, some states continue to support and resort to abductions from abroad. After examination of several relevant national and international cases, this study concentrates on how the development of human rights law and, consequently, the individuals’ international stance impacted the use of abductions and opened up more opportunities for the defendant to argue his case. In view of this evolution and in spite of persisting justifications of male captus bene detentus, this thesis takes a supportive approach toward eliminating this practice and finding alternative means to compel states to judge or legally transfer defendants, for putting an end to impunity.
URN: urn:nbn:ch:unige-365092
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SPANU, Alexandra. Male captus bene detentus : how human rights law influenced the evolution of this practice. Université de Genève. Thèse, 2013. https://archive-ouverte.unige.ch/unige:36509

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Deposited on : 2014-05-12

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