22/05/2019

澳洲靠谱代写:皮诺切特将军案

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澳洲靠谱代写:皮诺切特将军案

皮诺切特将军一案是一个具有里程碑意义的案件,虽然这位将军没有受到迫害或引渡,但他仍然根据普遍管辖的原则被拘留。这位智利独裁者在他17年的统治期间,参与了1000多名智利人的酷刑和杀戮。侵犯人权的行为得到了文官政府的承认,因此在1999年向联合国委员会提交了一份报告。一家赔偿与和解公司承认了123处分歧和776处法外处决。这些行动的指挥官是皮诺切特。他在那段时间领导军队,因此他要为侵犯人权的行为负责。国际法规定,允许各国起诉罪犯或因在另一个国家提出的指控而拘留他们。一个主要的情况是,国际法将允许国内法发挥作用,这意味着国际法在管辖权方面不会优先于国内法。因此,智利拥有起诉奥古斯托·皮诺切特所犯罪行的首要权利,如果智利不能这样做,国际法将进行干预。
智利发生的事件的受害者或死亡或失踪的受害者家属已寻求律师和组织的积极支持。然而,皮诺切特和其他执行其行动的人可以通过多种方式寻求有罪不罚,这对国家法院是一种障碍。有效的司法起诉将因此受阻。两种形式的有罪不罚构成了一个障碍,一种是1978年的大赦法令,另一种是1990年智利宪法给予皮诺切特议会豁免权。皮诺切特将军在1978年颁布了大赦令2191。这项法令是为了保护在一定时期内侵犯人权的人。这项法令的结果是,人们认为正是犯下人道主义罪行的人创造了过渡到民事统治的条件,因为这符合他们的目的。因此,受害者及其家属无法在此案中得到公正对待。智利最高法院接受了智利1978年的大赦法,使之符合宪法。

澳洲靠谱代写:皮诺切特将军案

The General Pinochet case is a landmark case where although the General was not persecuted or extradited, he was still detained under the principles of Universal Jurisdiction. The Chilean dictator was involved in the torture and killing of more than a 1000 Chileans during his rule of seventeen years. The Human rights violation was recognized by the Civilian Government and accordingly in the year 1999, a report was submitted to the UN Committee. A Reparation and Reconciliation Corporation recognized around 123 differences and 776 extrajudicial executions. The commander of these operations was Pinochet. He led the armed forces during the time and hence he becomes responsible for the human rights violations.International law carries provisions where it allows states to prosecute criminals or hold them for allegations made in another country. One of the primary circumstances is that the international law would allow the national law to work, meaning that international law will not take over precedence in jurisdiction over the national law. So Chile had the primary right to prosecute Augusto Pinochet for the crimes he committed, and international law would intervene if Chile was not able to do so.
The victims of the issues that happened in Chile or the relatives of the victims who died or were missing have sought active support from lawyers, and organizations. However, there are multiple ways in which Pinochet and others executing his actions could seek impunity which served as a hindrance for the national court. Effective judicial prosecutions would be blocked because of this. Two forms of impunity served as a block which is the 1978 Amnesty Decree and secondly in the year 1990 the Chilean constitution granted a parliamentary immunity to Pinochet. General Pinochet in the year 1978 decreed the Amnesty Decree 2191.The Decree served to protect those who were involved in human rights violation for certain time period. The results of this decree were that the very perpetrators of humanitarian crime were seen to create terms of transition to civil rule as it suited their purpose. The victims and their families hence could not get justice in this case. The Chilean 1978 Amnesty Law was accepted by the Supreme Court in Chile thus making it constitutional.

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