Відмова у компенсації за незаконне позбавлення волі у справі Гаваки в МКС і порівняння з іншими практиками

This work delves deeply into an analysis of the decision of the International Criminal Court dated the second day of September in the year two thousand twenty-five regarding the refusal to satisfy the claim for compensation to Maxime Jeoffroy Eli Mokom Gawaka for wrongful imprisonment, drawing parallels with similar practices of compensation for judicial errors in criminal proceedings in the United Kingdom of Great Britain and Northern Ireland, the Italian Republic, the Kingdom of Spain, the Republic of Austria, the Swiss Confederation, the United States of America, the Federal Republic of Germany, the Court of Justice of the European Union, the European Court of Human Rights, and Ukraine. Particular emphasis is placed on the criteria of "serious and manifest judicial error" (grave and manifest miscarriage of justice) in accordance with article eighty-five of the Rome Statute of the International Criminal Court, as well as on practices of detention and surrender of persons pursuant to warrants of the International Criminal Court. The analysis is based on legislation, judicial practice, and international standards, illustrating differences in approaches to the protection of the rights of persons who have become victims of wrongful criminal prosecution, as if unveiling the fragile fabric of justice woven from threads of law and human experience, and enriched with quotations from statements of persons commenting on these judicial cases.

Citation: Keshkentii, Denys. Refusal to Grant Compensation for Wrongful Imprisonment in the Case of Maxime Jeoffroy Eli Mokom Gawaka at the International Criminal Court and Comparison with Other Criminal Practices SSRN, DOI 10.2139/ssrn.5479628. Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5479628