World Academy of Science, Engineering and Technology

Authors: Ersun N. Kurtulus

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One of the strategic goals of left-wing terrorism, both in its Anarchist and Marxist-Leninist forms, was mobilization of masses as a first step in launching a revolution. However, in the canonical texts of left-wing terrorist literature (such as the works of Brousse, Nachaev, Bakunin, Kropotkin, Most, Heinzen, Guevara and Marighella) it is not clear how resort to terrorist tactics such as assassinations or bomb attacks will lead to mobilization of masses. This link is usually presumed and taken for granted. However, in other, less known terrorist texts, where there is some elaboration upon this link, two conflicting views emerge: (i) terrorist attacks are supposed to cause state repression which in turn radicalizes masses and opens up the way for recruitment and mobilization versus (ii) terrorist attacks are supposed to demonstrate the hollowness of the already existent state repression and thereby encourage mobilization of masses that are already radicalized but inactive due fear caused by state repression. The paper argues that terrorism studies have largely overemphasized the former while the latter has remained more or less unnoticed.

Keywords: terrorism, repression, radical left, mobilization of masses

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Authors: Revital Sela-Shayovitz

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The current study examined the nature, the characteristics and the extent of intimate femicide followed by suicide (femicide-suicide) in Israel between the years 2005 – 2014. Data were collected from the Israeli organization ‘No to Violence Against Women’ and from two daily and widely-read newspapers in Israel. The findings indicated that migration is a risk factor for intimate femicide-suicide: the majority of the cases occurred among immigrants (59%). Moreover, the vulnerability of Ethiopian immigrants is very high in comparison to the other groups in Israeli society. The dominant motives were the victim's desire for separation and arguments between partners. The main methods used were firearms and stabbing followed by hanging. Furthermore, a prior report about violence was documented in 37% of the cases. The paper discusses these findings in the context of the existing research, offers directions for future research, and suggests some response strategies.

Keywords: ethnicity, immigrants, intimate femicide, suicide

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Authors: Ashraf Shebl, Bassam Garah, Radah Youssef

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Sexual assault is usually a hidden crime where the only witnesses are the victim and the assailant. For a variety of reasons, even the victim may be unable to provide a detailed account of the assault or the identity of the perpetrator. Often the case history deteriorates into one person’s word against another. With such limited initial information, the physical and biological evidence collected from the victim, from the crime scene, and from the suspect will play a pivotal role in the objective and scientific reconstruction of the events in question. The aim of work is to examine whether DNA profiles could be recovered from repeated washed clothes after contaminated by semen stains. Fresh semen about 1ml. ( <1 h old) taken from donor was deposited on four types of clothes (cotton, silk, polyester, and jeans). Then leave to dry in room temperature and washed by washing machine at temperature (30°C-60°C) and by hand washing. Some items of clothing were washed once, some twice and others three times. DNA could be extracted from some of these samples even after multiple washing. This study demonstrates that complete DNA profiles can be obtained from washed semen stains on different types of clothes, even after many repeated washing. These results indicated that clothes of the victims must be examined even if they were washed many times.

Keywords: sexual assault, DNA, persistence, clothes

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Authors: Mingsiang Chen

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The increasing transactions among countries worldwide have brought about a trend of comparative law research in the legal community. An important branch of legal research, i.e., constitutional law, is no exception to the trend. The comparative study of constitutional law takes various forms, and one of these is to study the use of foreign law by constitutional courts. There are, in essence, three sources of foreign law usually used by constitutional courts: foreign constitutions, decisions by foreign constitutional courts, and legal theories developed by foreign scholars. There are two types of using foreign law by constitutional courts: citing any of the forenamed sources for reference purpose, ruling based on the contents or logic of any of the forenamed sources. This paper examines all the decisions handed down by the Constitutional Court of Taiwan from 1990 to 2017. Its purpose is to seek out the occasions, the extent, the significance, and the approach of such usage.

Keywords: comparative constitutional law, constitutional court, judicial review, Taiwan judiciary

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Authors: Jeremy Ritchey

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Undocumented immigrants in the U.S. face many challenges when looking to progress in society, especially when pursuing post-secondary education. The majority of research done on state-level policy adoption pertaining to undocumented higher-education pursuits, specifically in-state resident tuition and financial aid eligibility policies, have framed the discussion on the potential and actual impacts which implementation can and has achieved. What is missing is a model to view the social, political and demographic landscapes upon which such policies (in their various forms) find a route to legislative enactment. This research looks to address this gap in the field by investigating the correlations and significant state-level variables which can be operationalized to construct a framework for adoption of these specific policies. In the process, analysis will show that past unexamined conceptualizations of how such policies come to fruition may be limited or contradictory when compared to available data. Circling on the principles of Policy Innovation and Policy Diffusion theory, this study looks to use variables collected via Michigan State University’s Correlates of State Policy Project, a collectively and ongoing compiled database project centered around annual variables (1900-2016) collected from all 50 states relevant to policy research. Using established variable groupings (demographic, political, social capital measurements, and educational system measurements) from the time period of 2000 to 2014 (2001 being when such policies began), one can see how this data correlates with the adoption of policies related to undocumented students and in-state college tuition. After regression analysis, the results will illuminate which variables appears significant and to what effect, as to help formulate a model upon which to explain when adoption appears to occur and when it does not. Early results have shown that traditionally held conceptions on conservative and liberal identities of the state, as they relate to the likelihood of such policies being adopted, did not fall in line with the collected data. Democratic and liberally identified states were, overall, less likely to adopt pro-undocumented higher education policies than Republican and conservatively identified states and vis versa. While further analysis is needed as to improve the model’s explanatory power, preliminary findings are showing promise in widening our understanding of policy adoption factors in this realm of policies compared to the gap of such knowledge in the publications of the field as it currently exists. The model also looks to serve as an important tool for policymakers in framing such potential policies in a way that is congruent with the relevant state-level determining factors while being sensitive to the most apparent sources of potential friction. While additional variable groups and individual variables will ultimately need to be added and controlled for, this research has already begun to demonstrate how shallow or unexamined reasoning behind policy adoption in the realm of this topic needs to be addressed or else the risk is erroneous conceptions leaking into the foundation of this growing and ever important field.

Keywords: policy adoption, in-state tuition, higher education, undocumented immigrants

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Authors: Rika Susanti, Eryati Darwin, Dedi Afandi, Yanwirasti, Syahruddin Said, Noverika Windasari, Zelly Dia Rofinda

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Introduction: Blunt head trauma is one of the leading causes of death associated with murders and other deaths involved in criminal acts. Creatine kinase (CKBB) levels have been used as a biomarker for blunt head trauma. Therefore, it is now used as an alternative to an autopsy. The aim of this study is to investigate CKBB levels in cerebrospinal fluid (CSF) and post-mortem serum in order to deduce the cause and time of death. Method: This investigation was conducted through post-test–only group design involving deaths caused by blunt head trauma, which was compared to deaths caused by ketamine poisoning. Results: There were eight treatment groups, each consisting of six adult rats (Rattus norvegicus) Sprague-Dawley strain. Examinations were done at 0 hours, 1 hour, 2 hours, and 3 hours post-mortem, which followed by brain tissue observation. Data were then analyzed statistically with a repeated-measures general linear model. Conclusion: There were increases in the level of CKBB in CSF and postmortem serum in both blunt head trauma and ketamine poisoning treatment groups. However, there were no significant differences between these two groups.

Keywords: blunt head trauma, CKBB, the cause of death, estimated time of death

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Authors: Sakapas Saengchai

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Study on the development of people's participation in environmental development was a qualitative research method. Data were collected by participant observation, in-depth interview and discussion group in Pathumthani province. The study indicated that 1) People should be aware of environmental information from government agencies. 2) People in the community should be able to brainstorm information, exchange information about community environment development. 3) People should have a role with community leaders. 4) People in the community should have a role to play in the implementation of projects and activities in the development of the environment and 5) citizens, community leaders, village committee have directed the development of the area. Maintaining a community environment with a shared decision. By emphasizing the process of participation, self-reliance, mutual help, and responsibility for one's own community. Community empowerment strengthens the sustainable spatial development of the environment.

Keywords: people, participation, community, environment

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Authors: Michael J. Kristiono

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This paper attempts to investigate the reasons behind the negative sentiments directed towards Chinese Indonesians from International Relations (IR) perspective. By tracing back the treatment of the New Order government towards ethnic Chinese, it was found that such demonization initially happened due to two politically motivated reasons. Firstly, as part of de-Soekarnoization done by the New Order, the Chinese were outcast because Chinese identity does not conform to the 'Indonesian identity', which was in essence, the Javanese identity. Secondly, the condition reflected the change in Indonesian foreign policy which drifted apart from People’s Republic of China (PRC) as the latter was suspected to be involved in September 30 Movement. Then, this paper argues that due to those reasons, coupled by blatant maltreatment from the New Order Government, Chinese Indonesians were constructed as the Others, that is, as non-Indonesians. Such construct has been deeply embedded such that reconciliation attempts done by the Reformation Era government were not sufficient enough to stop ethnic discrimination towards Chinese Indonesians from happening even until the present.

Keywords: Chinese Indonesians, ethnic discrimination, identity, New Order

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Authors: Shilpa Bagade Poharkar

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The basis for traditional notion of security was the use of force to preserve vital interest which based on either realism or power politics. The modern approach to security extends beyond the traditional notions of security which focus on issues as development and respect for human rights. In global politics, the issue of human security plays a vital role in most of the policy matter. In modern era, the protection of human rights is now recognized as one of the main functions of any legitimate modern state. The research paper will explore the relationship between human rights and security. United Nations is facing major challenges like rampant poverty, refugee outflows, human trafficking, displacement, conflicts, terrorism, intra-inter ethnic conflicts, proliferation of small arms, genocide, piracy, climate change, health issues and so on. The methodology is observed in this paper is doctrinaire which includes analytical and descriptive comparative method. The hypothesis of the paper is the relationship between human rights and a goal of United Nations to attain peace and security. Although previous research has been done in this field but this research paper will try to find out the challenges in the human security through human rights in the contemporary world and will provide measures for it. The study will focus on the following research questions: What are the issues and challenges United Nations facing while advancing human security through human rights? What measures the international community would take for ensuring the protection of human rights while protecting state security and contribute in the attainment of goals of United Nations?

Keywords: human rights, human security, peace, security, United Nations

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Authors: Taufik Hidayat, Yudha Nurhantari, Bambang U. D. Rianto

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Introduction: The examination of the Short Tandem Repeats (STR) locus on nuclear DNA is very useful in solving the paternity cases. The purpose of this study is to know the description of paternity cases and paternity index/probability of paternity analysis based on Indonesian allele frequency at Sardjito Hospital Yogyakarta. Method: This was an observational study with cross-sectional analytic method. Population and sample were all cases of disputed paternity from January 2011 to June 2015 that fulfill the inclusion and exclusion criteria and were examined at Forensic Medicine Unit of Sardjito Hospital, Medical Faculty of Gadjah Mada University. The paternity index was calculated with EasyDNA Program by Fung (2013). Analysis of the study was conducted by comparing the results through unpaired categorical test using Kolmogorov-Smirnov test. This study was designed with 95% confidence interval (CI) with α = 5% and significance level is p < 0,05. Results: From 42 disputed paternity cases we obtained trio paternity cases were 32 cases (76.2%) and duo without a mother was 10 cases (23.8%). The majority of the fathers' estimated ages were 21-30 years (33.3%) and the mother's age was 31-40 years (38.1%). The majority of the ages of children examined for paternity were under 12 months (47.6%). The majority of ethnic clients are Javanese. Conclusion of inclusion was 57.1%, and exclusion was 42.9%. The Kolmogorov-Smirnov test obtained p-value = 0.673. Conclusion: There is no significant difference between paternity index/probability of paternity based on Indonesian allele frequency between trio and duo of paternity.

Keywords: disputed paternity, paternity index, probability of paternity, short tandem

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Authors: Marta Fernandez Cabrera

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The period of economic boom generated by the housing bubble created a climate of social indifference to the problem of corruption. This resulted in the persecution and conviction for these criminal offenses being low. After the economic recession, social awareness about the problem of corruption has increased. This has led to the Spanish citizenship requiring the public authorities to try to end the problem in the most effective way possible. In order to respond to the continuous social demands that require an exemplary punishment, the legislator has made changes in crimes against the public administration in the Spanish Criminal Code. However, from the point of view of criminal law, the social change has not served to modify only the law, but also the jurisprudence. After the recession, judges are punishing more severely these conducts than in the past. Before the crisis, it was usual for criminal judges to divert relevant behavior to other areas of the legal system such as administrative law and acquit in the criminal field. Criminal judges have considered that administrative law already has mechanisms that can effectively deal with this type of behavior in order to respect the principle of subsidiarity or ultima ratio. It has also been usual for criminal judges to acquit civil servants due to the absence of requirements unrelated to the applicable offense. For example, they have required an economic damage to the public administration when the offense in the criminal code does not require it. Nevertheless, for some years, these arguments have either partially disappeared or considerably transformed. Since 2010, a jurisprudential stream has been consolidated that aims to provide a more severe response to corruption than it had received until now. This change of opinion, together with greater prosecution of these behaviors by judges and prosecutors, has led to a significant increase in the number of individuals convicted of corruption crimes. This paper has two objectives. The first one is to show that even though judges apply the law impartially, they are flexible to social changes. The second one is to identify the erroneous arguments the courts have used up until now. To carry out the present paper, it has been done a detailed analysis of the judgments of the supreme court before and after the year 2010. Therefore, the jurisprudential analysis is complemented with the statistical data on corruption available.

Keywords: corruption, public administration, social perception, ultima ratio principle

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Authors: A. Edwards

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The civil service was created to reform the hiring process for public officials, changing the patronage system to a merit-based system. Though exam reforms continued throughout the 20th century, there have been few during the 21st century, particularly in New York state. In the case of police departments, the civil service exam has acted as a hindrance to its ‘21st Century Policing’ goals and new exam reform efforts have left out officers voices and concerns. Through in-depth interviews of current and retired police officers and local and state civil service administrators in Albany County in New York, this study seeks to understand police influence and insight regarding the civil service exam, placing some of the voice and input for civil service reform on police departments, instead of local and state bureaucrats. The study also looks at the relationship between civil service administrators and police departments. Using practice theory, the study seeks to understand the ways in which the civil service exam was defined in the 20th century and how it is out of step with current thinking while examining possible changes to the civil service exam that would lead to a more equitable hiring process and successful police departments.

Keywords: civil service, hiring, merit, policing

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Authors: Uche A. Nnawulezi

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This study evolved from the need to look at and evaluate the difficulties in the domestication of International Laws and Human Rights Laws in Nigeria. Essentially, the paper-based its examination on documentary evidence and depended much on secondary sources, for example, textbooks, journals, articles, periodicals and research reports emanating from suggestions of international law experts, jurists and human rights lawyers on the development challenges in domesticating international laws and human rights laws in Nigeria. These data were analyzed by the application of content analysis and careful observation of the current municipal laws which has posed great challenges in the domestication of International laws. This paper might follow the historical backdrop of the practices in the use of International law in Nigeria and should likewise consider the challenges inherent in these practices. The paper suggests that a sustainable domestication of International Laws and its application in Nigerian courts will ensure a better enforcement of human rights within the domestic jurisdiction.

Keywords: international law, human rights, domestication, challenges

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Authors: Uche A. Nnawulezi

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This paper analyzes the advancing nature of nuclear terrorism and proliferation in the global environment and its attendant impacts. It analyzes discourse and practice with respect to the general prohibition on the utilization of fissionable radioactive materials. Thus, there has been a few ideological, reasonable and academic recommendations of policies aimed at eliminating nuclear weapons which its ultimate nightmare has remained an assault including nuclear explosion in densely populated urban areas. Likewise, this paper concentrates on safety measures aimed at preventing nuclear assaults which should not just concentrate on endeavors to prevent terrorists from exploding nuclear gadgets but should be more concerned on endeavors aimed at preventing the acquisition of nuclear weapons in the first place. The author of this paper has pointed out that the non-proliferation treaty should be vigorously supported as well as the Comprehensive Test Ban Treaty brought into force. This paper depended unequivocally on secondary sources, for example, textbooks, journals, articles, and periodicals. It concludes that the fundamental proposals made in this paper if completely used shall remain a cornerstone of efforts made in preventing the spread of nuclear weapons. At last, the only way is to eliminate stockpiles of nuclear weapons in the world or else the likelihood of nuclear terrorism remains a nightmare.

Keywords: nuclear, terrorism, proliferation, global environment

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Authors: Hashem Dadashpoor, Sadegh Saeidi Shirvan

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While with the evolution of the economy towards a knowledge-based economy, innovation is a requirement for metropolitan regions, the adoption of an open innovation strategy is an option and a requirement for many industrial firms in these regions. Studies show that investing in research and development units cannot alone increase innovation. Within the framework of the theory of learning regions, this gap, which scholars call it the ‘innovation gap’, is filled with regional features of firms. This paper attempts to investigate the factors affecting the open innovation of firms in metropolitan regions, and it searches for these in territorial innovation models and, in particular, the theory of learning regions. In the next step, the effect of identified factors which is considered as regional learning factors in this research is analyzed on the innovation of sample firms by SPSS software using multiple linear regression. The case study of this research is constituted of industrial enterprises from two groups of food industry and auto parts in Toos industrial town in Mashhad metropolitan region. For data gathering of this research, interviews were conducted with managers of industrial firms using structured questionnaires. Based on this study, the effect of factors such as size of firms, inter-firm competition, the use of local labor force and institutional infrastructures were significant in the innovation of the firms studied, and 44% of the changes in the firms’ innovation occurred as a result of the change in these factors.

Keywords: regional knowledge networks, learning regions, interactive learning, innovation

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Authors: Rahmi Kopar

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Legitimate expectations principle is considered one of the most dominant elements of the Fair and Equitable Treatment Standard which is today’s most relied upon treaty standard. Since its utilization by arbitral tribunals is relatively new, the contours of the legitimate expectations concept under investment treaty law have not been precisely defined yet. There are various fragmented views arising both from arbitral tribunals and scholarly writings with respect to its limits and use even though the principle is ‘firmly rooted in arbitral practice.’ International energy investments, due to their characteristics, are more prone to certain types of risks, especially the political risks. Thus, there are several mechanisms to protect an energy investment against those risks. Stabilisation is one of these investment protection methods. Stability provisions can be found under domestic legislations, as a contractual clause, or as a separate legal stability agreement. This paper will start by examining the roots of the contentious concept of legitimate expectations with reference to its application in domestic legal systems from where the doctrine under investment treaty law context was transplanted. Then the paper will turn to the investment treaty law and analyse the main contours of the doctrine as understood and applied by arbitral tribunals. 'What gives rise to the investor’s legitimate expectations?' question is answered mainly by three categories of sources: the general legal framework prevalent in a host state, the representations made by the officials or organs of a host state, and the contractual commitments. However, there is no unanimity among the arbitral tribunals and the scholars with respect to the form these sources should take. At this point, the study will discuss the sources of a stability provision and the effect of these stability provisions found in various legal sources in creating a legitimate expectation for the investor. The main questions to be discussed in this paper are as follows: a) Do the stability provisions found under different legal sources create a legitimate expectation on the investor side? b) If yes, what levels of legitimate expectations do they create? These questions will be answered mainly by reference to investment treaty jurisprudence.

Keywords: fair and equitable treatment standard, international energy investments, investment protection, legitimate expectations, stabilization

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Authors: Carvalho M. Catia, Pinto R. Isabel, Azevedo F. Luis, Guerreiro, T. Alexandre, Barbosa R. Mariana, Pinto S. Marta

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Due to the loss of territory, foreign terrorist fighters who have joined Islamic State are returning to their home countries. In order to counter this threat to international security, it is important to implement deradicalisation programmes, through strategies and processes that can reverse radicalisation. The objectives of this scoping review - which is underway - are to provide a comprehensive overview of the programmes being implemented, its main characteristics, the main motives and processes leading to deradicalisation, and to identify the key findings and the existing gaps in the literature. The methodology to be implemented in this scoping review follows the guidelines proposed by Arksey and O’Malley and by The Joanna Briggs Institute. The main results will be the development of a synthesis map of the deradicalisation programmes existing in the world, its main features, and recommendations to policy-makers and professionals.

Keywords: deradicalisation strategies, psychosocial processes, radicalisation, terrorism

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Authors: Oscar Sang, Shadrack David Rotich

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Parliamentary immunity is grounded on the notion that parliaments need certain rights or immunities to ensure they can operate independently make fair and impartial decisions without capitulating to political pressure or intimidation. The 2013 election in Kenya marked an important milestone in the development of the law of parliamentary privilege. Such importance relates to the dramatic increase in the number of legislatures in the country from one unicameral parliament, to a bicameral national parliament and forty-seven other regional legislative assemblies. The increase in legislatures has resulted in a dramatic increase in political contestations which have led to legal wrangles. The judiciary in Kenya, once considered submissive, has been invited to arbitrate on various matters pitting individual rights and parliamentary privilege and have invalidated a number of legislative action. While judicial intervention is indeed necessary to ensure that legislatures in Kenya live true to the constitutional aspirations of the Kenyan people, certain judicial decisions have had an effect on eroding parliamentary immunity. This paper highlights a number of instances in which it could be argued that parliamentary privilege came under attack by the courts in Kenya. The paper aims to make a case that while Kenya’s progressive constitution necessitates the scope and extent of legislature’s immunities and privilege to be determined by the courts, it is important that courts exercise restraint in its review of legislative action. The paper makes the argument that unrestrained judicial action in Kenya on questions within the realm parliamentary privilege may undermine the functioning of Kenya’s legislatures. The paper explores approaches taken by a number of jurisdictions in establishing a proper balance between maintaining a viable parliamentary privilege regime in a rights-based constitutional system.

Keywords: Kenya, constitution, judicial restraint, parliamentary privilege

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Authors: Ana M. Prieto del Pino

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As is well known, UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) was a landmark regarding the seizure of proceeds of crime. Depriving criminals of the profits from their activity became a priority at an international level in the fight against organised crime. Enabling confiscation of proceeds of illicit traffic in narcotic drugs and psychotropic substances, criminalising money laundering and confiscating the proceeds thereof are the three measures taken in order to achieve that purpose. The beginning of 21st century brought the declaration of war on corruption and on the illicit enjoyment of the profits thereof onto the international scene. According to the UN Convention against Transnational Organised Crime (2000), States Parties should adopt the necessary measures to enable the confiscation of proceeds of crime derived from offences (or property of equivalent value) and property, equipment and other instrumentalities used in offences covered by that Convention. The UN Convention against Corruption (2003) states asset recovery explicitly as a fundamental principle and sets forth measures aiming at the direct recovery of property through international cooperation in confiscation. Furthermore, European legislation has made many significant strides forward in less than twenty years concerning money laundering, confiscation, and asset recovery. Crime does not pay, let there be no doubt about it. Nevertheless, we must be very careful not to sing out of tune with individual rights and legal guarantees. On the one hand, innocent individuals and businesses must be protected, since they should not pay for the guilty ones’ faults. On the other hand, the rule of law must be preserved and not be tossed aside regarding those who have carried out criminal activities. An in-depth analysis of judicial decisions on money laundering and confiscation of proceeds of crime issued by European national courts and by the European Court of Human Rights in the last decade has been carried out from a human rights, legal guarantees and criminal law basic principles’ perspective. The undertaken study has revealed the violation of the right to property, of the proportionality principle legal and the infringement of basic principles of states’ domestic substantive and procedural criminal law systems. The most relevant ones have to do with the punishment of money laundering committed through negligence, non-conviction based confiscation and a too-far reaching interpretation of the notion of ‘proceeds of crime’. Almost everything in life has a bright and a dark side. Confiscation of criminal proceeds and asset recovery are not an exception to this rule.

Keywords: confiscation, human rights, money laundering, organized crime

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Authors: Suja S. Nayar, Mayuri Pandya

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The foundation of legal system of any nation is its constitution and the strive to achieve equality amongst different classes prevailing in the social system. The most traditional form of inequality that is prevailing in the society is the gender inequality. The existence of inequality on the basis of gender prevails since the ancient era which has with the passing time merely continued and aggravated to a great extent. The founding fathers of our constitution were well aware of the then prevailing situation and being concerned about the future if this inequality continued to prevail, and in such view, the provisions of Article 14, 15, 38 and 44 of our Constitution were enacted with specific intent for the upliftment of women. The strive for equality is the rule of law embodied with the principle of foreseeability which is necessitated in the stability of justice system of any nation, and when it comes to equality, the first form of equality we need to achieve is gender equality. Time and again various initiatives have been announced and attempted to achieve the objective of gender equality, but analysis of the ground reality always have yielded disappointing results. The research that is proposed to be undertaken intends to cover all the above issues concerning the failures ineffective implementation of the gender-specific laws especially the provisions concerning the protection provided under Domestic Violence Act. The researchers will analyze the judgment of last five years' judgments of Supreme Court of India. In Hiral P. Harsora and ors. v Kusum Narottamdas Harsora and Ors. the Hon'ble Supreme Court recently deleting the words 'adult male' from the definition of respondent disclosed it is intent and understanding that domestic violence is being caused by a female on female also and not only restricted to males on females only. The procedure as prescribed under the act for claiming reliefs though is as per the criminal mandate, but the reliefs are of civil nature and so same needs to deal emphatically which now makes it a lengthier process. The pros and cons of such pronouncements are being weighed on the balance of constitution and social equality that is strived by the entire women fraternity.

Keywords: domestic, violence, constitution, gender, equality, women

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Authors: María José Benitez Jimenez

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This study seeks to make clear the importance of family reunification in order to establish consolidated habits of coexistence of immigrants, directly favoring the relationship of the family nucleus and indirectly the social integration of foreigners. In addition to the theoretical analysis of the subject, information has been reviewed by the National Institute of Statistics and Reports of Spanish organizations that compile data on immigrants and specifically on family reunification. The Spanish regulations on foreigners include the right of foreigners legally residing in Spain to regroup their families. The general conditions required to exercise this right are having legally resided in Spain for one year and having obtained authorization to reside for one more year. There are exceptions to the requirement of having resided for one year in our country. Article 39 of the Spanish Constitution, although it does not express what is to be understood as a family, does refer to the fact that ‘the public authorities ensure the social, economic and legal protection of the family’. Therefore for the Spanish State, the family institution, in a broad sense, enjoys a privileged treatment that is revealed in the Supreme Norm and that reflects the interest of our society to address the relationships that subjects have in their immediate environment. Although we are aware of the reluctant position of the Spanish Constitutional Court to consider as a fundamental right the right to family life despite being enshrined in Article 8 of the European Convention on Human Rights, it is questionable whether access to authorization for family reunification should be more uniform in terms of requirements related to nationality, employment or training of applicants in order to have an egalitarian character. The requirement of having resided one year in Spain to be able to request successful family reunification seems dispensable because if foreigners can obviate this requirement by having a certain status, its abolition would be feasible by equating all situations and benefiting foreigners in general. The achievement of this proposal would help to strengthen the family life of immigrants from the beginning of their life in Spain.

Keywords: family, immigrants, social integration, reunification

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Authors: María José Benitez Jimenez

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This research is based on the hypothesis that, despite being found that the problem of violence against the female partner occurs in all social classes, the criminal intervention falls, above all, on victims and aggressors with sociodemographic characteristics of the most excluded social groups. The methodology used in this study has been a collection of information through Spanish official statistics from 2004 to 2016: population, police, judicial and penitentiary data from Ministry of Interior, Ministry of Justice and statistics National Institute. The data provided show that women victims and aggressors who come into contact with criminal intervention bodies for filing a complaint or having been reported, respectively, show a very high percentage, usually well above 50%, only primary studies or even that. Their employment situation is also precarious, in a percentage that could also be around 70%. The percentage distribution of these two variables is clearly above that which occurs in the whole of the Spanish population, in a particularly marked way as regards the employment situation. Immigrants triple, as victims or as aggressors of gender violence, the percentages of the Spanish population in terms of their contact with the organs of criminal intervention. Also the rate of foreign inmates in prisons for violence against the female couple doubles that of Spanish inmates.

Keywords: inmigrants, intimate partner violence, Spain, sociodemographic characteristics

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Authors: Vickie Knox

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Since the ‘urgent humanitarian crisis’ of the arrival of tens of thousands of Central American minors at the Mexico-US border in early 2014, the USA has increasingly externalised migration controls to Mexico. Although the resulting policy ‘Plan Frontera Sur’ claimed to protect migrants’ human rights, it has manifested as harshly delivered in-country controls and an alarming increase in deportations, particularly of minors. This is of particular concern given the ongoing situation of forced migration caused by criminal violence in Central America because these deportations do not all comply with Mexico’s international obligations and with its own legal framework for international protection that allows inter alia verbal asylum claims and grants minors additional protection against deportation. Notably, the volume of deportations, the speed with which they are carried out and the lack of adequate screening indicate non-compliance with the principle of non-refoulement and the right to claim asylum or other forms of protection. Based on qualitative data gathered in fieldwork in 2015 and quantitative data covering the period 2014-2016, this research details three types of adverse outcome resulting from these externalised controls: human rights violations perpetrated in order to deliver the policy–namely, deportations that may not comply with the principle of non-refoulement or the protection of minors; human rights violations perpetrated in the execution of policy–such as violations by state actors during apprehension and detention; and adverse consequences of the policy – such as increased risk during transit. This research has particular resonance as the Trump era brings tighter enforcement in the region, and has broader relevance for the study of externalisation tools on a global level.

Keywords: deportation, externalisation, forced migration, non-refoulement

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Authors: Deborah García-Magna

Abstract:

When a person goes through the criminal justice system, either as a suspect, arrested, prosecuted or convicted, certain personal data are recorded, and a wide range of persons and organizations may have access to it. The recording of data can have a great impact on the daily life of the person concerned during the period of time determined by the legislation. In addition, this registered information can refer to various aspects not strictly related directly to the alleged or actually committed infraction. In some areas, the Spanish legislation does not clearly determine the cancellation period of the registers nor what happens when they are cancelled since some of the files are not really erased and remain recorded, even if their consultation is no more allowed or it is stated that they should not be taken into account. Thus, access to the recorded data of arrested or convicted persons may reduce their possibilities of reintegration into society. In this research, some of the areas in which data recording has a special impact on the lives of affected persons are analyzed in a critical manner, taking into account Spanish legislation and jurisprudence, and the influence of the European Court of Human Rights, the Council of Europe and other supranational instruments. In particular, the analysis cover the scope of video-surveillance in public spaces, the police record, the recording of personal data for the purposes of police investigation (especially DNA and psychological profiles), the registry of administrative and minor offenses (especially as they are taken into account to impose aggravating circumstaces), criminal records (of adults, minors and legal entities), and the registration of special circumstances occurred during the execution of the sentence (files of inmates under special surveillance –FIES–, disciplinary sanctions, special therapies in prison, etc.).

Keywords: ECHR jurisprudence, formal and informal criminal control, privacy, disciplinary sanctions, social reintegration

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Authors: Inmaculada Yuste Martinez

Abstract:

Since July 5, 2014, Abubaker al Bagdadi, leader of the Islamic State since 2010 climbed the pulpit of the Great Mosque of Al Nuri of Mosul and proclaimed the Caliphate, the number of fighters who have travelled to Syria to join the Caliphate has increased as never before. Although it is true that the phenomenon of foreign fighters is not a new phenomenon, as it occurred after the Spanish Civil War, Republicans from Ireland and the conflict of the Balkans among others, it is highly relevant the fact that in this case, it has reached figures unknown in Europe until now. The approval of the resolution 2178 (2014) of the Security Council, foreign terrorist fighters placed the subject a priority position on the International agenda. The available data allow us to affirm that women have increasingly assumed operative functions in jihadist terrorism and in the activities linked to it in the development of attacks in the European Union, including minors and young adults. In the case of Spain, one in four of the detainees in 2016 were women, a significant increase compared to 2015. This contrasts with the fact that until 2014 no woman had been prosecuted in Spain for terrorist activities of a jihadist nature. It is fundamental when we talk about the prevention of radicalization and counterterrorism that we do not underestimate the potential threat to the security of countries like Spain that women from the West can assume to the global jihadist movement. This work aims to deepen the radicalization processes of these women and their profiles influencing the female inmate population. It also wants to focus on the importance of creating de-radicalization programs for these inmates since women are a crucial element in radicalization processes. A special focus it is made on young radicalized female inmate population as this target group is the most recoverable and on which it would result more fruitful to intervene. De-radicalization programs must also be designed to fit their profiles and circumstances; a sensitive environment will be prisons and juvenile centers, areas that until now had been unrelated to this problem and which are already hosting the first convicted in judicial offices in Spanish territory. A qualitative research and an empirical and analytical method has been implemented in this work, focused on the cases that took place in Spain of young women and the imaginary that the Islamic State uses for the processes of radicalization for this target group and how it does not fit with their real role in the Jihad, as opposed to other movements in which women do have a real and active role in the armed conflict as YPJ do it as a part of the armed wing of the Democratic Union Party of Syria.

Keywords: caliphate, de-radicalization, foreign fighter, gender perspective, ISIS, jihadism, recruitment

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Authors: Sikhumbuzo Zondi, Serges A. Kamga

Abstract:

Human security and human rights are mutually reinforcing concepts given that human security addresses questions related to human conditions such as the safety of individuals and the protection of individual rights and civil liberties. It does this by suggesting that the proper referent for security should be the individual and not the nation-state, due to the individual’s vulnerability to threats such as malnutrition and poverty, conflicts, exploitation and marginalization, despotism and climate change. Due to the primacy of the individual, human security comfortably expand to the notion of social justice, given that for far too-long, many individuals around the world have been denied of their basic human rights through racial discrimination, unfair labour and segregation policies and as a result encountered widespread social, environmental and economic injustices which are evident in the current structural division of the world between the developed north and the underdeveloped or developing south. In light of this view, ensuring freedom from want and freedom from fear, for all individuals is arguably the sound route to addressing and remedying the global ills of our time and a way to promoting human rights for all. The promotion of human security provides an important part of human/societal progress because inclusive security facilitates development and human rights protection, while insecurity reduces people’s growth and investment prospects and prolongs historical injustices. Therefore, this paper seeks to show that human security and human rights complements one another and that this correlation provides the necessary mechanisms for addressing and remedying the historical injustices that still affect most of the world’s population. It will look at linkages between human security and the individual right to equality and freedom from discrimination, right to life, liberty, and personal security; development; own property; adequate living standard; education; desirable work and to join trade unions; participate in government and in free elections; social security and equality before the law. The paper considers these human rights and liberties as vital for securing the core values of human life while at the same addressing socio-economic injustices that still persist in the contemporary world. The paper will be a desktop study using qualitative research methods on two case studies in Africa namely Cameroun and South Africa.

Keywords: justice, human security, human rights, injustices

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Authors: Pallavi Thakur, Rakesh K. Garg

Abstract:

Latent fingerprints are commonly encountered evidence at the scene of the crime. It is very important to decipher these fingerprints in order to explore their identity and a lot of research has been made on the visualization of latent fingermarks on various substrates by numerous researchers. During the past few years large number of powder formulations has been evolved for the development of latent fingermarks on different surfaces. This paper reports a new and simple fingerprint powder which is non-toxic and has been employed on different substrates successfully for the development and visualization of latent fingermarks upto the time period of twelve days in varying temperature conditions. In this study, a less expensive, simple and easily available catechu (kattha) powder has been used to decipher the latent fingermarks on different substrates namely glass, plastic, metal, aluminium foil, white paper, wall tile and wooden sheet. It is observed that it gives very clear results on all the mentioned substrates and can be successfully used for the development and visualization of twelve days old latent fingermarks in varying temperature conditions on wall tiles.

Keywords: fingermarks, catechu, visualization, aged fingermarks

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Authors: Deborah Garcia-Magna

Abstract:

The use of new technologies has become widespread in the last decade, giving rise to various risks associated with the transfer of personal data and the publication of sensitive material on social media. There are already several supranational instruments that seek to protect the citizens involved in this growing traffic of personal information and, especially, the most vulnerable people, such as minors, who are also the ones who make the most intense use of these new means of communication. In this sense, the configuration of the concept of privacy as a legal right has necessarily been influenced by these new social uses and supranational instruments. The researcher considers correct the decision to introduce sexting as a new criminal behaviour in the Penal Code in 2015, but questions the concrete manner in which it has been made. To this end, an updated review of the various options that our legal system already offered is made, assessing whether these legal options adequately addressed the new social needs and guidelines from jurisprudence and other supranational instruments. Some important issues emerge as to whether the principles of fragmentarity and subsidiarity may be violated since the new article 197.7 of the Spanish Penal Code could refer to very varied behaviours and protect not only particularly vulnerable persons. In this sense, the research focuses on issues such as the concept of 'seriousness' of the infringement of privacy, the possible reckless conduct of the victim, who hang over its own private material to third parties, the affection to other legal rights such as freedom and sexual indemnity, the possible problems of concurrent offences, etc.

Keywords: criminal law reform, ECHR jurisprudence, right to privacy, sexting

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Authors: María José Benítez Jiménez

Abstract:

Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (E.C.H.R.) proclaims that no one may be subjected to torture, punishment or degrading treatment. The legislative correlate in Spain is embodied in Article 15 of the Spanish Constitution, and there must be an overlapping interpretation of both precepts on the ideal plane. While it is true that there are not many cases in which the European Court of Human Rights (E.C.t.H.R. (The Strasbourg Court)) has sanctioned Spain for its failure to investigate complaints of torture, it must be emphasized that the tendency to violate Article 3 of the Convention appears to be on the rise, being necessary to know possible factors that may be affecting it. This paper addresses the analysis of sentences that directly or indirectly reveal the violation of Article 3 of the European Convention. To carry out the analysis, sentences of the Strasbourg Court have been consulted from 2012 to 2016, being able to address any previous sentences to this period if it provided justified information necessary for the study. After the review it becomes clear that there are two key groups of subjects that request a response to the Strasbourg Court on the understanding that they have been tortured or degradingly treated. These are: immigrants and terrorists. Both phenomena, immigration and terrorism, respond to patterns that have mutated in recent years, and it is important for this study to know if national regulations begin to be dysfunctional.

Keywords: E.C.H.R., E.C.t.H.R. sentences, Spanish Constitution, torture

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Authors: Carmen Rocio Fernandez Diaz

Abstract:

This paper focuses on the relevance of information and communication technologies (hereinafter referred as ‘ICTs’) as an essential part of the day-to-day life of all societies nowadays, as they offer the scenario where an immense number of behaviors are performed that previously took place in the physical world. In this context, areas of reality that have remained outside the so-called ‘information society’ are hardly imaginable. Nevertheless, it is possible to identify a means that continue to be behind this reality, and it is the penitentiary area regarding inmates rights, as security aspects in prison have already be improved by new technologies. Introducing ICTs in prisons is still a matter subject to great rejections. The study of comparative penitentiary systems worldwide shows that most of them use ICTs only regarding educational aspects of life in prison and that communications with the outside world are generally based on traditional ways. These are only two examples of the huge range of activities where ICTs can carry positive results within the prison. Those positive results have to do with the social reintegration of persons serving a prison sentence. Deprivation of liberty entails contact with the prison subculture and the harmful effects of it, causing in cases of long-term sentences the so-called phenomenon of ‘prisonization’. This negative effect of imprisonment could be reduced if ICTs were used inside prisons in the different areas where they can have an impact, and which are treated in this research, as (1) access to information and culture, (2) basic and advanced training, (3) employment, (4) communication with the outside world, (5) treatment or (6) leisure and entertainment. The content of all of these areas could be improved if ICTs were introduced in prison, as it is shown by the experience of some prisons of Belgium, United Kingdom or The United States. However, rejections to introducing ICTs in prisons obey to the fact that it could carry also risks concerning security and the commission of new offences. Considering these risks, the scope of this paper is to offer a real proposal to introduce ICTs in prison, trying to avoid those risks. This enterprise would be done to take advantage of the possibilities that ICTs offer to all inmates in order to start to build a life outside which is far from delinquency, but mainly to those inmates who are close to release. Reforming prisons in this sense is considered by the author of this paper an opportunity to offer inmates a progressive resettlement to live in freedom with a higher possibility to obey the law and to escape from recidivism. The value that new technologies would add to education, employment, communications or treatment to a person deprived of liberty constitutes a way of humanization of prisons in the 21st century.

Keywords: deprivation of freedom, information and communication technologies, imprisonment, social reintegration

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