نوع مقاله : علمی پژوهشی
نویسندگان
1 استادیار گروه حقوق بین الملل، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
2 دانشیار گروه حقوق عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The right to receive consular protection and its guarantee by the host state is an element of making the right to a fair trial effective. Its development in the practice of human rights treaty bodies as a human right has put consular protection in interaction with human rights, especially the right to fair trial and the right to life. Violation of this right and depriving individuals in national courts and, conviction and sentence based on consular deprivation may lead to the ineffectiveness of criminal proceedings and the violation of some substantive rights, such as the right to life and Freedom from torture. The present essay, with an analytical-descriptive method, seeks to answer the question of how the Humanistic approach affects restitution as an appropriate remedy for the violation of the right to receive consular protection? It seems that Relative restitution in the form of review and reconsideration of sentences and punishments, provided to effectiveness, is considered effective and appropriate remedy and guarantees the human rights of foreign nationals and legitimate interests of the host state. On the other hand, the approach of full restitution in the form of annulment the issued sentences and punishments, is not considered an appropriate remedy due to providing an opportunity to escape from criminal justice and denying the jurisdiction of the host state. International precedent alongside Cessation and non-repetition has chosen partial restitution provided to its effectiveness.
کلیدواژه‌ها [English]
)
