La manifestation du châtiment, fondement du desiderata de la préservation de l’ordre et de la sécurité publique
Enforcement of punishment, the basis of the aspiration for the preservation of public order and public safety

Summary/Abstract: In this article, we aim to discuss the nature of juridical punishment applied to detainees charged with crimes against national security or against public order and safety, especially when the interrogation and enforcement mechanisms are put into practice in a way that falls short of transparency standards. The specific manifestation of violence within law-enforcement processes goes against the very ideatical core of the principle of human dignity, which flagrantly violates the provisions of the European Court of Human Rights. More concretely, we will refer to the recent ECHR ruling regarding the case Al Nashiri vs. Romania, where we will analyze the situation of the enforcement of prison sentences in secret detention facilities, where detainees were exposed to alleged systematic torture and inhuman treatments. We will thus explore the situation when the rights of defendants who stand accused of high crimes are severely curtailed in the name of the national security imperatives.

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