Case Comment: The Legality of ‘Kettling’ after Austin

This case comment considers the European Court of Human Rights decision of Austin v United Kingdom (2012) 55 EHRR 14. Austin claimed, unsuccessfully, that police kettling at a public protest in London amounted to a violation of her right to liberty under Article 5 of the European Convention of Human Rights. This case comment suggests that the court took an unexpected and unorthodox approach to the issue of ‘deprivation’ within Article 5. This decision may come to undermine the protections afforded by Article 5 and extend the current exceptions to Article 5 to an indefinite range of situations.     

Books in review

She is author of Equity and Gender,and Property Rights and Eminent Domainboth published by Transaction.     

Truth as Justice: Investigatory Commissions in Latin America

In recent years, Latin American countries have sought to come to terms with prior periods of widespread human rights violations, relying increasingly on investigatory commissions. Investigatory efforts have been undertaken by democratically elected governments that replaced military dictatorships, by UN-sponsored commissions as part of a UN-mediated peace process, and by national human rights commissioners. This article examines truth commissions in Chile and El Salvador, an investigatory effort in Honduras, and a proposed commission in Guatemala. It compares the achievements and limitations of these commissions within the political constraints and institutional reality of each country, focusing on four major goals: the effort to create an authoritative account of the past; vindication of victims; recommendations for legislative, structural, or other changes to avoid repetition of past abuses; and establishing accountability or the identity of perpetrators.     

<Emphasis Type="Italic">Miranda</Emphasis> Comprehension in Adults with Mental Retardation and the Effects of Feedback Style on Suggestibility

Interrogations present several major challenges to persons with mental retardation (MR). Sixty adults with mild MR completed measures of Miranda comprehension and tendency to yield to leading questions. In addition, suggestibility was assessed based on whether participants revised answers to questions in response to unfriendly, friendly, or neutral feedback to original responses. Furthermore, we examined how expressed confidence in answers to repeated questions varied with the type of feedback received. Results revealed that participants demonstrated marked difficulties understanding their Miranda rights and greater likelihood of changing answers to questions for which they received friendly feedback than for questions for which they received unfriendly or neutral feedback. Most participants who received positive reinforcement for their answers on a second trial expressed confidence about improvement from trial 1 to trial 2, although accuracy did not improve. Implications of these results are reviewed.     

Planning democracy in Africa: A comparative perspective on Nigeria and Ghana

Ghana and Nigeria are in the midst of government-initiated democratization programs. This paper compares the different settings, reasons, strategies, procedures, and implementation of democratization efforts in these two countries. While Nigeria's comprehensive approach to democratic planning has enabled elite continuity, it has neither assured regime stability nor enhanced state capacities. In contrast, Ghana's plan for democratic transformation, pursued in a piecemeal fashion, has resulted in regime stability and some state consolidation, but not in democratization. In both countries, there is little doubt that the unintended consequences of each approach may prove more significant than the direct results of successful policy implementation. Thus, even if the specific design for democracy may fail, the democratic project in these West African states may nevertheless be progressing.