The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
Loading...
Date
2018
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Springer Verlag
Abstract
The presumed link between the rule of law and development suggests that
an operational justice system is key to development. The research sought to
understand and quantify how the decision to detain an accused person affects his or
her socio-economic situation. Data was collected in Kenya, Mozambique and
Zambia. The findings suggest that the use of the coercive power of the state exercised
through the deprivation of an individual’s liberty has serious socio-economic
consequences. While detention pending trial is justifiable sometimes, we argue that
it is over-used, frequently resulting in excessively long detention. The deprivation of
liberty interferes with the ability of individuals to be agents of their own development,
infringing on socio-economic rights of individuals and their dependents.
States can justify such infringements only if their coercive power is used within the
ambit of democratic and rights-respecting laws complying with human rights
standards.
Description
Keywords
Socio-economic situation, Detention pending trial, Kenya, Mozambique, Zambia
Citation
Muntingh, L. & Redpath, J. (2018). The socio-economic impact of the pre-trial detention in Kenya, Mozambique and Zambia. Hague Journal on the Rule of Law, 10: 139 – 164.