ABSTRACT
In few situations is confl ict between the State and individuals more apparent than when considering the application of criminal law. The arrest, detention and trial of an individual brings to the fore a plethora of human rights. For many, the invocation of rights in such circumstances emphasises the importance of human rights. This is particularly so in societies strongly advocating civil liberties. Encompassing political prisoners, disappeared detainees, State use of force and the notion of a fair trial, the rights of detainees, prisoners and convicts demonstrate the reality of human rights. This chapter will examine:
● Vulnerability of detainees. ● Rights surrounding detention. ● Legislating against enforced and unexplained disappearances. ● Rights to a fair trial. ● The use of the death penalty.
