Human rights, criminal justice and crime prevention

Abstract

The debate on human rights is multi-faceted. This is because any debate on human rights will inevitably lead to a debate on criminal justice and its effect on crime. In fact, human rights, criminal justice and crime prevention attract widespread international concern and debate. The substantive provisions of the European Convention on the Protection of Human Rights and Fundamental Freedom, 1953 are particularly relevant to the manner in which criminal justice and crime prevention operate within any High Contracting Party. The tension between human rights, criminal justice and crime prevention gives rise to controversy both at the national level and international level. Such controversy revolves around provisions of the European Convention on Human Rights that relate to the role of the Police Force and the Criminal Justice System in crime prevention as well as control. In maintaining public order the police force must respect both the right to life of others (Article 2) and the absolute prohibition of torture, inhuman and degrading treatment, or punishment (Article 3). The Police Force and the Criminal Justice System also play a particular role with respect to the liberty (Article 5) and the freedom of movement (Protocol 4, Article 2) of persons. The objective of the Police Force and the Criminal Justice System should mainly be to prevent and control crime in a way that respects the private life, home and correspondence of the persons involved (Article 8). This study concentrates on an analysis of the jurisprudence of both the Strasbourg organs and the domestic courts of law in the interpretation of the fundamental rights and freedoms of a person in relation to the function fulfilled by the criminal justice system within society.