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3 results

  • 4 - Category I

  • from Part III. - Case Jurisprudence
  • Jared Genser
  • Book:
    The UN Working Group on Arbitrary Detention
    Published online:
    20 September 2019
    Print publication:
    26 September 2019, pp 109-126

  • Summary

    According to the WGAD’s Basic Principles and Guidelines, domestic law must authorize any and all restrictions on liberty.1 The WGAD will categorize a case as arbitrary under Category I “[w]hen it is clearly impossible to invoke any legal basis justifying the deprivation of liberty, as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to him or her.”2 Category I cases typically center on the right to not be deprived of one’s liberty except on such grounds established by law, the right to not be held guilty for any criminal offense on account of an act or omission which did not constitute a criminal offense when it was committed, the right not to be tried twice for the same crime, situations where the detainee was granted amnesty but was not released, and in extraordinary rendition cases where prisoners are abducted and transferred across international borders outside of a lawful extradition hearing.

  • Torture and the Penal Colony

  • SUSAN MARKS
  • Journal:
    Leiden Journal of International Law / Volume 20 / Issue 3 / September 2007
    Published online by Cambridge University Press:
    30 August 2007, pp. 535-544
    Print publication:
    September 2007

  • Kafka's short story In the Penal Colony depicts the visit of a European traveller to a cruel penal colony. The author uses the story to explore current issues concerning torture. Her particular focus is on the interrelation between torture and empire, and on the limits of humanitarian reform. Kafka is instructive in puncturing the pretensions of humanitarianism, and in pointing up the inescapable uncertainties, absurdities, and complicities associated with it.