Violation of Human Rights and Civil Freedoms by Abusing the Pre-Trial Detention as a Measure to Secure the Presence of the Accused in the Criminal Proceedings
Violation of Human Rights and Civil Freedoms by Abusing the Pre-Trial Detention as a Measure to Secure the Presence of the Accused in the Criminal Proceedings

Summary/Abstract: Guaranteeing and respecting the fundamental human rights and freedoms is one of the foundations on which one independent, sovereign and democratic state should be based. As a matter of fact, human rights and freedoms are the foundation, the core of the value system in the democratic state. However, despite the aspiration to respect human rights, the organs and institutions of the government, deliberately or inadvertently, violate them without being accountable for their actions. Therefore, in this paper we will focus, precisely on the violation of human rights by the abuse of the pre-trial detention as a measure to ensure the presence of the accused in the criminal proceedings. The need for the elaboration of this paper has emerged from the treatment and the use of pre-trial detention in the Macedonian judiciary because judges often decide to apply this measure in most cases, while not taking into account the basis for imposing, and the possibilities of applying other measures that will equally achieve the goal – ensuring the presence of the accused in the criminal proceedings. In that respect, it could be stated that the pre-trial detention is often abused by the Macedonian courts, which suggests violation of basic human rights and freedoms on one hand, and throws doubt on whether there is a rule of law in the real sense, on the other. Hence, the purpose of this article is to elaborate the key role of pre-trial detention in criminal proceedings, and to provide guidelines for its successful application in accordance with domestic and international legal standards and respect for human rights.

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