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1.
Victim-offender mediation and observance of procedural rights in the Macedonian juvenile justice system
Stojanka Mirčeva, Vesna Stefanovska, Bogdancho Gogov, 2015, izvirni znanstveni članek

Opis: Purpose: The paper examines the observance of procedural rights of the parties referred to Victim-Offender Mediation (VOM) in the Justice System for Children (JSC), and particularly pioneering practice associated with challenges pertaining to the multicultural character of the community. Design/Methods/Approach: Analysis is based on qualitative data collected by using in-depth interviews and document analysis. Sources of data were relevant stakeholders in the referral procedure, the Child and the Victim, as well as court/prosecutors files. In-depth interviews were carried out with 17 stakeholders to capture professional attitudes, attached meanings and experience of the respondents in relation to VOM. Document analysis as a data collection technique was applied to two prosecutor’s files and one court file which, at present, are the only cases of VOM in JSC. Findings: The main findings pertain to the indispensable recognition that meanings attributed to VOM in JSC, as well as expectations, vary extensively among respondents. In turn, this situation shapes the procedural rights of the parties in 3 VOM cases. In addition, basic principles of VOM are implemented in line with the perceived significance of procedural rights in VOM cases. Research Limitations / Implications: The findings relate only to respondents’ attitudes and views on VOM as well as data contained in court/prosecutor’s files. In-depth knowledge on the implementation of procedural rights during VOM process is missing due to the impossibility for participatory observation of the joint meetings. Originality/Value: While across Europe much research on balancing VOM principles and fair trial standards has been conducted, no research at all has been carried out in Macedonia in relation to VOM in JSC. This small scale survey is particularly valuable in filling up the existing empirical gap, and findings might be used as a basis for developing system prerequisites for VOM.
Ključne besede: victim-offender mediation, child offenders, victims, Macedonian Justice System for Children
Objavljeno: 16.04.2020; Ogledov: 259; Prenosov: 10
.pdf Celotno besedilo (350,84 KB)
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2.
Diplomatic assurances and the stateʼs responsibility when considering extraditing a person whose human rights may be violated
Vesna Stefanovska, 2017, strokovni članek

Opis: Purpose: The potential tension between a state’s need to protect its citizens from national security risks and to respect fundamental human rights is illustrated by current controversies concerning the use of diplomatic assurances in the context of extradition. The need to respect inviolable human rights brings into play the use of assurances in extradition matters, especially if the right to life and prohibition of torture are concerned. Design/Methods/Approach: Inductive and deductive methods are used to systematise legal cases which contain human rights violations in extradition proceedings and hold a direct relationship with diplomatic assurances. The analytical method is applied to obtain a clearer picture about violations of human rights in the extradition process. Findings: Diplomatic assurances are given by the requesting states for the purpose of supporting the extradition request and assuring that criminal offenders will not be subjected to ill-treatment or violations of other human rights guaranteed by the European Convention of Human Rights. Research Limitations / Implications: In practice, it has been proven that diplomatic assurances are highly problematic because international law does not generally outlaw the use of such assurances, but establishes legal requirements concerning the use of such assurances in the extradition context. Originality/Value: The article reflects the use of diplomatic assurances in extradition cases, an area that has received greater attention in past years because many states have been found responsible for human rights violations, but at the same time many suspects have managed to avoid extradition because judicial authorities have denied extradition due to assurances not being given.
Ključne besede: diplomatic assurances, extradition, torture, right to life, violation of human rights
Objavljeno: 15.04.2020; Ogledov: 186; Prenosov: 12
.pdf Celotno besedilo (747,68 KB)
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