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Discipline

  • Denis Abels
Chapter

Abstract

This chapter examines the tribunals’ detention facilities’ procedures for imposing disciplinary punishment. First, the principles underlying such systems and the standards such systems must comply with are set out. Following this, the disciplinary systems established at the various tribunals are described in detail. In the evaluation paragraph, it is argued inter alia that the recommendation made in Chap. 5 to establish an external adjudicator’s office also applies to the tribunals’ disciplinary procedures. This recommendation is made on the basis of (i) the right to a fair trial (and the corresponding ECtHR case law) and the right to an effective remedy; (ii) the advantages of disciplinary decisions being made by someone who is not part of the institution’s management and (iii) the particularities of the international context.

Keywords

Medical Officer Detention Facility Solitary Confinement United Nations High Commissioner Disciplinary System 
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Copyright information

© T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2012

Authors and Affiliations

  1. 1.Faculty of Law, Department of Criminal LawUniversity of AmsterdamAmsterdamNetherlands

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