By Jesuit Refugee Service Europe

By definition, things that occur in detention occur behind walls, and in a context where those detained have been disempowered. Scrutiny and transparency are therefore often elusive, and access to justice to which people are legally entitled may be denied altogether or made more difficult. This situation is compounded because people are often detained under immigration powers at borders, or when facing removal—in contexts of limbo, where normal justice procedures are easier to circumvent.

Against this background, this report looks into if and how detained migrants can effectively access justice in Europe today. This is a particularly relevant topic, as this work comes at a moment in which the use of detention upon arrival at external borders is likely to increase, as a result of the adoption of the EU Pact on Asylum and Migration. Because of the complexity of immigration procedures in Europe, effective access to justice cannot be properly assessed without considering if migrants—in this case detainees—have effective access to legal assistance. For this reason, a chapter of this report is dedicated to access to legal aid. We further looked into how effectively detainees can access remedies against their detention and return orders. Another chapter explores the existence and effectiveness of complaint mechanisms for detainees to address violations of rights that happen in detention. Finally, we looked into the possibility for migrants to apply for international protection while in detention.

This work is based on the experience of JRS visiting people in detention centres across Europe. JRS opposes the use of administrative detention as a practice that is inherently harmful to human dignity and has a negative impact on both physical and mental health. As long as detention is a reality, however, JRS staff and volunteers work to accompany detained migrants and advocate for the respect of their rights and for humane detention conditions.

Brussels, Belfium, JRSEurope, 2024. 69p.

By Physicians for Human Rights

Survivor-centered, trauma-informed, and rigorous medico-legal documentation is essential to offer survivors a pathway to justice, with standardized forensic medical evaluations playing a key role in documenting and corroborating accounts of sexual violence and torture. To support Ukrainian government officials, civil society, and international partners in building systems to support survivors, Physicians for Human Rights (PHR) assessed the medico-legal documentation pathway in Ukraine to identify opportunities to strengthen systems to center survivors’ well-being, autonomy, and access to remedies.

Physicians for Human Rights assessed the medico-legal documentation pathway in Ukraine to identify opportunities to strengthen systems to center survivors’ well-being, autonomy, and access to remedies.

Building on the numerous efforts by Ukrainian authorities and their partners to address challenges to medico-legal documentation, this policy brief outlines current obstacles that impede justice and healing for survivors and sets forth actionable opportunities for the Ukrainian government and other stakeholders for reform. The recommendations put forward in the brief emphasize the need to expand the pool of qualified professionals authorized to conduct forensic medical evaluations in cases of conflict-related sexual violence and torture. They also call for legislative reforms to empower survivors in the justice process, the development of standardized medico-legal documentation tools, and the implementation of capacity-building initiatives to ensure trauma-informed, survivor-centered approaches. Together, these efforts can transform the experience of survivors as they seek remedy and reparation and ultimately facilitate greater accountability and healing.

New York: Physicians for Human Rights, 2024. 10p.

Edited by Douglas Edlin

Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism.

In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge's individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge's subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences.

Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.

Ann Arbor: University of Michigan Press, 2016. 281p.

By Jennifer Heath and Ashraf Zahedi

Book of the Disappeared confronts worldwide human rights violations of enforced disappearance and genocide and explores the global quest for justice with forceful, outstanding contributions by respected scholars, expert practitioners, and provocative contemporary artists. This profoundly humane book spotlights our historic inhumanity while offering insights for survival and transformation.

Ann Arbor, MI: University of Michigan Press, 2023. 369p.

Edited by Tatiana Bazzichelli

The courageous acts of whistleblowing that inspired the world over the past few years have changed our perception of surveillance and control in today's information society. But what are the wider effects of whistleblowing as an act of dissent on politics, society, and the arts? How does it contribute to new courses of action, digital tools, and contents? This urgent intervention based on the work of Berlin's Disruption Network Lab examines this growing phenomenon, offering interdisciplinary pathways to empower the public by investigating whistleblowing as a developing political practice that has the ability to provoke change from within.

Bielefeld: transcript Verlag, 2021. 377p.

By The Criminal Justice Alliance

  This study seeks to expand on the limited evidence published to date on the experiences of Black, Asian and minority ethnic women prisoners3 (Buncy and Ahmed, 2014; Cox and Sacks-Jones, 2017; Prison Reform Trust, 2017). It aims to better understand and amplify the diverse experiences of Black, Asian and minority ethnic prisoners, including Gypsy, Roma and Traveller people, as well as foreign nationals, across the women’s prison estate in England. This report recognises that the survey respondents are not a homogenous group. They encompass various identities and ethnicities, resulting in a range of lived experiences, both between and within groups. The discrimination experienced by Black, Asian and minority ethnic prisoners held in women’s establishments is multi-layered, with intersectional identities: ethnicity, race, religion, social class, sexual orientation, nationality and gender. Intersectionality recognises that, as individuals are made up of several identities, they may experience multiple interwoven prejudices. For example, women may experience gendered discrimination, and women from minoritised communities could simultaneously face additional forms of discrimination. The findings in this report were gathered by interviewing and surveying individuals within the project’s scope. It presents their perception of (un)fair treatment and the extent to which the prison meets their cultural needs. It provides further detail on incidents of discrimination and the establishment’s response. It addresses the language barriers faced by those whose first language is not English. It also provides examples of positive practice and suggestions for future activities that raise awareness of cultural practices and celebrate religious traditions.  

London: The Criminal Justice Alliance, 2022. 84p.

By  Amal Ali and Hannah Pittaway  

  This ground-breaking project centres on the lived experiences of Black, Asian and minority ethnic women in prison, and comes at a time when there is increased attention on race and gender inequality in the criminal justice system, but the combination of these issues rarely receives any government attention. We received over 300 survey responses from women in prison, prison staff and IMBs, improving our understanding of the double disadvantage that women from minority ethnic backgrounds face. We are very grateful to the women with lived experience who co-designed the survey and all those in custody for their honesty and openness when completing it. Their accounts of direct and indirect racism and poor treatment are shocking and distressing. Even more upsetting is their sense of fatalism - they see it as part of their everyday lives. The women lack confidence in the complaints system, do not trust that they will be treated fairly and are often unaware of how the IMB can help. The impact of the pandemic has made this worse. There is an urgent need to address these issues nationally and locally. IMBs play an important role given their day-to-day presence in prisons. Community scrutiny is a vital tool to hold criminal justice agencies to account. The CJA has focused on improving community scrutiny for several years looking at police powers, police custody and now prison custody. We consistently see the same themes: the need for better and more consistent data collection and analysis, more effective equalities training and support, and for community volunteers to be more representative of the populations in the criminal justice system. The recommendations in these reports map out sensible steps Her Majesty’s Prison and Probation Service (HMPPS), the Ministry of Justice (MoJ) and IMBs can take to make positive change and I hope to see them being implemented with haste.    

London: Criminal Justice Alliance, 2022. 38p.

Edited By Charles C. Jalloh, Kamari M. Clarke, and Vincent O. Nmehielle .

Development and Challenges. “On 27 June 2014, the Assembly of Heads of State and Government of the African Union adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (‘Malabo Protocol’). The Malabo Protocol, which seeks to establish the first-ever African court with a tripartite jurisdiction over human rights, criminal and general matters is aimed at complementing national, sub-regional and continental bodies and institu- tions in preventing serious and massive violations of human rights in Africa through, among other things, the prosecutions of the perpetrators of such crimes as specified in the statute annexed to the treaty.

Cambridge University Press. (2019) 1,200 pages.