recently Rapporteurship visited our country entering several sites in the Province of Buenos Aires where prisoners are housed processes, convicted without trial (detention) and above, in a statement published in the Commission's website, updated several percentages of we have spoken throughout the course and confirmed several of the issues we have discussed, in the first place can be note that there is in the province about 61% of persons deprived of liberty without trial firm, notes with concern the use of preventive detention, ie denaturation and as can be seen, with this percentage (70% according auemnta NGOs), there is no relationship between what our books, our laws, our CS, the principles we learn and what they are doing today jurÃricos operators, speaking of judges, prosecutors, already long ago many of them have in possession of the "authorization certificate", but obviously use it to denigrate the CN rather that there is no relationship between what we study and our laws and the reality of what they are doing those who have already met some function, ouch sion clearly a relationship between theory and practice, and is a relationship of absolute violation of that. Let
regard that "reaffirms" the Rapporteur of the Commission " The IACHR Rapporteur is concerned about the misuse of detention, to the detriment of the principles of presumption of innocence, need and proportionality should govern this procedural mechanism. In this regard, the Commission reiterates that the detention of a person is an exceptional measure, of a precautionary nature and not punitive obtained solely to insure that the accused should not impede the efficient development of research or evade the action of justice " countries good if we read we remember what the national and international standard so we can do a good job the oral end (organized in the way that makes Bovine and more complete look should consider the following (aporia) a) verification of the substantive merit, b) principle of exceocionalidad c) procedural order preventive detention d) proportionality; e) provisional f) judicial control g) time limit of preventive detention (Cafferata Nores contribution) but, however, if you read the legal operators, especially the judges who have this degree, or do not provide alternatives to custody in the province, what would you do with this information?, Do you do anything today with this information? , we say yes, simply do not apply.
is assumed that the creation of the Courts of execution among other tasks is to detect and control the execution of the sentence in a way that it complies with international requirements, it is obvious that this task are not met. Speaking
dos, in the final sentence of Aporias, our teacher calls us to seek a solution, rethinking the principle of innocence and proportionality and alternatives to preventive detention, the report goes in the same way, accounts for the restriction of alternatives and the application of substantive criteria, rejecting princioio of innocence, judges make the exception the rule.
The full report can be read by entering here
redeemable
Many paragraphs of the statement of the Commission, is not a bad read, always mindful that everything we read we write, we attack and / or defend since we are students actually happens outside the school, ie we do not discuss or study itself in Spartan regia an evil system, or the allegory of Plato's cave is properly raised or that we use to give that theory to interpret reality, but the principles and guarantees that we study are destroyed in reality, so as well defended from the letter, word, and the practice of the Chair.
If we can make a contribution to our opinion on these issues, we would say that just when one realizes the practice and uses these concepts and principles, making a fair idea, that's why we're studying, how to get in practice, since the role we played in the pilot, also a more accurate notes of the practice or what is done with the criminal justice system when is part of the process, when they have to be charged or when he has to be complainant, in any of the roles you start falling into the reality of all that studying. And paradoxically
when one is finishing his studies discovered, all the power failures, our University of Buenos Aires, but with the implementation of these new systems for teaching one can anticipate, in every sense of the word.
We wanted to leave at the end of a video describing why it is reflected in the report about the prison situation (but do not really know how to add this on yoy tube you can go here )
And add that obviously orality earned him the word written, imagine if we have to transfer each to answer each point where the exception is the oral tradition and even less acceptable multimedia resource, which if I am wrong is inconceivable to those who defend the writing process, imagine all that we lose if we can not face reality, which is clearly spoken and acted without multimedia resources, without the immediacy of orality. Few words are needed to reflect what we perceive when we see someone speak? and the other side as you do to feel the feelings we have when writing?.
Roberto Arturo Martinez - Santiago Ferre.
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