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Mancato contro-esame dei testimoni a carico e iniquità del processo penale
No full textThis is a note to the judgment in the case Faysal Pamuk v. Turkey (application no. 430/13), rendered by the European Court of Human Rights. The contribution explores the violation of Article 6 §§ 1 (right to a fair trial) and 3 (d) (right to obtain attendance and examination of witnesses) of the European Convention on Human Rights.
The case concerned Mr Pamuk’s trial on terrorism-related charges, in particular the use of evidence that had been given in other jurisdictions in the absence of Mr Pamuk or his counsel following letters of request. The Court found in particular that letters of request and examining witnesses in other jurisdictions could not be considered an adequate method of ensuring a fair trial in the circumstances of the present case. Accordingly, this had substantially hindered the defence in testing the reliability of their evidence and had, in the circumstances of the present case, tainted the overall fairness of the proceedings.
The note provides an analysis of the judgment as well as an evaluation of "the sole or decisive rule" in the light of States' obligations to adopt positive measures to grant the accused the possibility of cross-examination
Richiedere a un detenuto di fornire prova dell’avvenuta conversione viola la sua libertà di religione
No full textThis short contribution provides a comment of the judgment of the European Court on Human Rights in the case of Neagu v. Romania (application no. 21969/15), in which the Court found a violation of Article 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights.
The case concerned a prisoner who had converted to Islam while in detention. He complained of the refusal of the Romanian authorities to provide him with pork-free meals, in accordance with the precepts of his religion, unless he furnished proof that he was an adherent of that religion. The Court found that, bearing in mind the provisions introduced by the order of the Ministry of Justice requiring, among other things, written proof of a change of religion occurring in the course of detention, the national authorities had upset the fair balance to be struck between the interests of the prison, those of the other prisoners, and the individual interests of the prisoner concerned.
The analysis of the case, and specifically of the dissenting opinions, shows that while the principle enunciated by the Court should be fully embraced, its application in the case of Mr Neagu is not so straight-forward
La Corte EDU si pronuncia sulla perseguibilità dei reati commessi dalle vittime di tratta
No full textThe note to judgment deals with the case of V.C.L. and A.N. v. the United Kingdom (applications nos. 77587/12 and 74603/12), in which the European Court of Human Rights considered for the first time the relationship between Article 4 (prohibition of forced labour) of the European Convention and the prosecution of potential victims of trafficking. In doing so, the Court held unanimously that there had been a violation of Article 4 and of Article 6 (right to a fair trial), since, despite the existence of credible suspicion that V.C.L. and A.N. had been trafficked, neither the police nor the prosecution service had referred them to a competent authority for assessment.
For its judgment, the Court relied on the Protocol to Prevent, Suppress and Punish Trafficking in Persons (the so-called Palermo Protocol) and the Council of Europe Convention on Action against Trafficking in Human Beings. On the one hand the Court explored the definition of human trafficking, also relying on its previous jurisprudence (Rantsev v. Cyprus and Russia); on the other hand it provided an innovative analysis of the relationship between States' obligations and the possibility of prosecuting victims of trafficking.
The present contribution focuses on the latter by stressing the importance of States' duties of protection, and in particular the mechanism of identification
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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