text:
Comparative law and justice/Cyprus

Part of the Comparative law and justice Wikiversity Project

Katielib06 17:42, 10 February 2011 (UTC)

Basic Information

Flag of Cyprus

Country of Cyprus

Nationality- Cyporit(s) Cyprus is an island in the Mediterranean Sea, south of Turkey The island is 9,251 square kilometers, which is about .6 times the size of Connecticut. The capital city is Nicosia. The climate is temperate. The summers are dry and hot and the winters are cool. There is a plain in the center of the island with mountains to the north and south. The population is approximately 1,102,000 people. The prominent ethnic groups are Greek at 77% and Turkish at 18%, leaving 5% to other groups. The official languages are Greek and Turkish with English as in unofficial language. The main religions are Greek Orthodox (78%) and Muslim (18%, other 5%). About 73% of the population is between the ages of 15 and 64 years old. 17% of the population ranges from 0-14 years old and 9% being 65 and older. Over the total population there are roughly 1.04 males to every female.

Brief History
Cyprus was a former British colony until in won is independence on August 16, 1960. After their independence was gained there was internal conflict between the Greek Cypriot (the majority) and the Turkish Cypriot (the minority). Violence came to a head in the capital city Nicosia in December in 1963. In 1964 peacekeepers were sent from the UN which forced the Turkish Cypriots to live in closed societies among the island. In 1974 the Greek Government sponsored an endeavor to seize control of Cyprus but received resistances from the Turkey. By 1983 Turkey controlled more then a third of the island and declared it the “Turkish Republic of Northern Cyprus” (which was only recognized by Turkey). In 2008 amends started between the torn nations under the UN after the new Cypriot President was elected. By May 2004 the entire island joined the EU.

Economic Development
Cyprus’ GDP is around 23.18 billion dollars and has a per capita of $21,000. The main labor force is agriculture at 2.1%, industry at 18.6% and services leading at 79.3% and has an unemployment rate of 6%. Key industries are tourism, food and beverage processing, cement and gypsum production, textiles, metal products, wood, paper, stone, clay products, and a few others. The countries main exports are citrus, potatoes, pharmaceuticals, cement and clothing. Key imports for the country is consumer goods, petroleum and lubricants, intermediate goods, machinery, and transport equipment.

The Cyprus government presented recently (October 2021) a new strategy to attract employees and companies in the country, giving an emphasis on high-tech, research, innovation, shipping, and pharmaceutical companies. The implementation of the strategy is anticipated to start in January 2022, giving enough time for the interested individuals and companies to prepare.

Health Care
The standards of health care in Cyprus are considered high and the World Health Organization identifies the system as comparable to other developed countries. Epidemics and infectious diseases are low throughout the country and both food and water are closely monitored by Medical and Public Health Services Department. Hospitals are both run by the government and private agencies that leave healthcare cost relatively low. The average life expectancy is approximately 77 years old, 75 years old for males and 80.5 years old for females. Infant morality rate is 9.57 deaths to 1.000 live births.

Cyprus health care system offers both social and private insurance. The social insurance is available to anyone working in Cyprus. There are different tiers offered based on the persons or families average annual income, to distinguish between the tiers two medical cards are issued, ‘A’ and ‘B’. ‘A’ provides free medical benefits which is available to unmarried individuals making less 9,000CY₤ or less, approximately 12000 USD, and families with no dependents with an average income of 18,000 CY₤ (and less,roughly 24500 USD) or if they have children the requirement is adjusted an additional 1000 CY₤ per child. The medical card ‘B’ allows for members to pay partial payments on medical services and medicine. To be eligible a person without dependents must have an average income between 9,000 and 12,000 CY₤. The ‘B’ card is also issued to families that have three children with an income between 18,000 and 22,000 CY₤. Anyone who falls outside this established income range has to pay CY₤ 7 (approximately $9.50) for consultations and roughly CY₤ 50 (around $66) per day when using in-patient hospital care. Emergency treatment is offer free of cost to everyone. Private health insurance usually used by foreign nationals visiting Cyprus but is also used by residents because it tends to be offer faster health services. Cost of private insurance varies pending on provider.

Education
Cyprus has four stages of education, only one of which are mandatory. The first stage, preprimary school, is optional. Preprimary school is for students’ ages 3-5 and averages between one and two and a half years of training. These schools are provided by both public and private means. Next is six years of primary school, which is compulsory and teaches children between the ages five and a half to eleven and a half. Six years of secondary school is offered to students who wish to continue, it is free but not mandated. Students interested in higher education was not offered the opportunity on the island until early 1990’s when the University of Cyprus opened. If students choose to continue they went to universities abroad. The of the total population 97.6% can read and write, 98.9% for males and 96.3% for females. Average education attainment is 14 years, both 14 years for male and females.

Governance
Republic of Cyprus' Constitution: http://confinder.richmond.edu/admin/docs/cyprus.pdf

Elections
Cyprus is a Full Presidential Republic which means the people vote for Executive branch and Legislature separately. The president has dual roles acting as chief of state and head of the government. The president is elected for a five year term through two rounds of popular voting, having more then 50% of the vote. In order to be eligible for presidency one must be a citizen, reached the age of 35, never been convicted of dishonesty or moral turpitude, and not suffering for any mental disease. The Legislative branch is unicameral with the House of Representatives (Vouli Antiprosopon) which is also elected by popular vote for a five year term. There are 80 seats in the House where 56 seats are saved for Greek Cypriots and 24 Turkish Cypriots.

Since Cyprus was formerly governed by England the legal system is common law with civil law mixed in. Cyprus is governed by a constitution that was written in 1960.

Judicial Review
The Supreme Court as has the right of judicial review. The Court has the power to examine the constitutionality of any law. They also rule on any conflict of power or competence between the organs and/or the authorities of the Republic.

Punishment
In the Republic of Cyprus there is only one prison that holds both sexes and any convicted and unconvicted persons over the of age 16. The prison is in the capital city Nicosia. All prisoners have the opportunity to enlist in activities such as work programs, exercise, and educational and vocational training. Psychological services are offered to the prisoners in forms of personal visits, group meetings and meetings with family members. The prison also offers recreational sports, theater, chess games, musical performances. Despite all the programs and welfare offered in prison in 2007 migrants and asylum-seeking accused the prison of poor conditions and welfare provisions. They were denied the ability to work and health and social care due to there outstanding asylum applications. One migrant has imprisoned for two and half months when sentence by the court for only six weeks

Corporal Punishment was once allowed in Cyprus by the methods of caning and flogging but has sense being ruled unconstitutional. The death penalty was also abolished for all crimes.

Legal Personnel
There are seven types of Courts in Cyprus: District Courts, Assize Courts, Family Courts, Rent Control Tribunals, Industrial Dispute Tribunals, and Military Court. All of six of these courts has the ability to appeal to the Supreme Court.

District Court- There are six District Courts; each represents an administrative district in Cyprus. These courts have the jurisdiction to hear all civil actions (except cases that fall under Rent Control Tribunal, Industrial Diputes Tribunal and Family Court). District Courts also hear criminal cases with offenses punishable only up to five years. Each case is ruled over by a single judge.

Assize Courts- There are four Assizes Courts. Assizes Courts have unlimited jurisdiction to hear any criminal case. The Courts, in practice, usually only hear case with punishments exceeding five years. All arraignments are presided over by three judges, there are no juries. Decision are won by majority. The judges are appointed by the Supreme Court. The Assize judges serve based on a rotation. A unique fact about these courts is that both accused and the prosecution can appeal to the Supreme Court to fight against the conviction/acquittal or the imposed sentence. .

Family Court- There are three Family Courts in session. These courts preside over petitions for divorce, custody rights, and other spousal disputes. Cases are again heard by a single judge except for divorce proceedings where three judges preside. In cases where the parties are vested in religious groups cases maybe heard in Family Court for Religious Groups.

Rent Control Tribunals- There are three Rent Control Courts in the Republic of Cyprus. These courts preside over issues of recovery of rent controlled property, cost of fair rent, and other related matters. The court is made up of a President, who belongs to the Judiciary, and two lay members. The lay members are nominated by the tenants and landlords associations and are uses merely for consultative purposes.

Industrial Disputes Court- There are three courts that have the jurisdiction to hear matters of the workplace, cases such as compensation, discrimination, harassment, etc. The court is organized like Rent Control Courts with a President, a member of the Judiciary, and two lay members, appointed by the employers' and employees' unions again for a consultative purpose.

Military Court- This court has jurisdiction over offenses that are committed by military personnel, under the Criminal Code, the Military Criminal Code or any other law. The court is made up of one President, a judge that belongs to the Judicial Service of the Republic, and two army officers, who are appointed by the Supreme Court used as consultants. If the offender is a Colonel or higher in rank the court is then composed three judges, like the Assize Courts.

Supreme Court- The Supreme Court is the highest of all courts. It is composed of thirteen judges, one of which is the President. It has appellate jurisdictions which allow the court to hear cases appealed from lower courts. Appeals are heard by a panel of three judges which can decide if the decision should be upheld, vary or set aside. The court may even order a re-trial. The court also has the power to hear grievances of Administrative decisions. This jurisdiction allows the court to review complaints filed against a decision, act or omission of any person, organ or authority that exercises executive power or administrator authority. Supreme Court also hears cases of prerogative Writs of Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition. The Supreme Court hears admiralty case in the first instance and on appeal. In first instance the cases is heard by a single judge and on appeal the case is heard by a full bench. Exclusive jurisdiction is given to the Supreme Court to hear cases of electoral petitions which concern the interpretation and application of electoral laws.

Lawyers- Since Cyprus was former colonized by England the country follows the same guidelines. Lawyers must posses a law degree, pass the bar or LPC, and obtain a training contract.

Protected by Article 12 in the Cyprus constitution persons are considered not guilty until proven otherwise. Also granted by this article is protection from excessive punishment beyond what the law states at the time of the crime and double jeopardy.

Law Enforcement
Cyprus follows the civil police model because the military is separated from the everyday tasks of cilivian law enforcement. At the top of the law enforcement hierarchy the Chief of Police holds the highest position followed by the Deputy Chief of Police. The Chief of Police is in charge of the management of the entire Police Force throughout the Republic. Next in line are four assistant chiefs of police. Each assistant chief controls four different departments: Training, Administration, Support, and Operations. Cyprus has seven police departments throughout the nation that employ over 4000 police officers.

Within the Police Force there are also four units: Cyprus Police Academy, Mobile Immediate Action Unit, Presidential Guard, and Port and Marine Police. The Cyprus Police Academy is in charge of the academic and professional training of all police officers. They preside over three schools is which the officers train as officers, sergeants and constables, and foreign languages. The Mobile Immediate Action Unit is issued to respond to high risk incidents, organized acts of violence, natural disasters, and terrorist activities. The unit is comprised of: training squad, patrol, special antiterrorist squad, security squad, administration squad, communication centre, research office, special training section, and poaching prevention squad. The Presidential Guard Unit's mission is the safety and security of the President of Republic of Cyprus and the family members. The Port and Marine Police patrol and watch the waters that surround the island. The unit is made up of: Security, Operations and Training Office, Coastal Radar System, Port and Marine Stations, and Mechanical Support.

In order to become apart of the police force one must be a citizen, be between the ages of 18 and 28 years old (exceptions given to those with degrees or a diploma from a University), be in good health, meet height requirement, have high school diploma, speak Greek and another foreign language, pass written exam and other physical tests. All police officers are trained at the Academy.

Cyprus incorporated community policing in 2003 as a pilot bases in select districts. Due to positive strides this policy is now continued throughout the rest of the Republic’s Police Departments. Corruption in Cyprus is seen as very low it scores 6.3 out of 10, 10 being very clean and 0 being highly corrupt. Although in 2007 plain-clothed cops were videotaped "brutally attacking" two men that were handcuffed and unarmed. The officers are facing a number of charges, one of them being torture.

Cyprus' military has a few different branches, Greek Cypriot National Guard and Northern Cyprus: Turkish Cypriot Security Force. The Greek Cypriot National Guard has both naval and air elements. There is a compulsory military service for all males ages 18-50 for 25 months. Voluntary age is 17 years old and women may volunteer for a 3 year term.

Crime Rates and Public Opinion
Cyprus’ crime rate is approximately 7.894 per 1,000 residents. From the 2006 report of Cyprus’ crime statistics property crimes are the most typical. Burglaries were the highest crime at reported at 3,068. Second highest reported crime was car theft at 1784. Cyprus has a very low murder rate. In 2006 there were 14 reported intentional and 4 non-intentional homicides, although of the 29 suspects arrested (intentional homicide only) only 2 were prosecuted and both were convicted. According to statistics reported in 2006 there were 104 major assaults, 29 rapes, 80 robberies, 1607 thefts, 173 frauds, 1 embezzlement, and 654 drug offenses. Some common data reporting problems that may occur is data entry errors, false reports, and non-reporting. This data is based on information the country submits to the UN, which may lead to some missing data. Obtaining data from other reliable sources proved to be difficult such as Cyprus’ own police records.

Public opinion has a high approval rating of their police and justice system. Public opinion as shown that almost 65% of the people have confidence in the police. Surveys have also showed that the people have almost 70% confidence in the justice system.

Family Law
With Cyprus only receiving their independence in 1960 citizenship has become a little bit of a complicate issue. All people born after August 16, 1960 are citizens of Cyprus. If born before August 16, 1960 people are considered citizens if they were born in United Kingdom or its' colonies but lived in Cyprus five years before the country received its independence. If a child is born in wedlock out of the country the child will be given citizenship if the father is a citizen. Mothers can pass on their citizenship if the fathers nationality is unknown or stateless. The Republic of Cyprus does allow dual citizenships but one can lose it too. One can lose their citizenship both voluntarily, with stipulations, and involuntarily, being disloyal to the Country, etc..

Cyprus has signed the Convention of Rights of the Child which has provided child with some rights. In the judicial system the child is asked when possible his/hers view and can be heard in cases effecting the minor's welfare. The law has recognized that the child has an autonomous personality but does not states an age of maturity, rather it is a determination made by the judge. If the child is in danger the courts may take the child out of the home and place them in a Guardian's custody or Social Welfare Services.

In order to get married in Cyprus one has to be age 21 or have consent from a parent or guardian. One must apply for marriage in person with the Marriage Officer. The Marriage Officer issues a certificate between the timeframe of 15 days to 3 months, afterwards the couple can get married either by a minister or by the Marriage Officer. There are ways to speed up the marriage process by receiving a specialized license, which only takes three days.Although if the couple fails to marry within three months of giving notice the notice is than void. Cyprus acknowledges any union recognized by the church.

1 in 5 marriages end in divorce in Cyprus. The process of divorce is described as complicated due to the fact that different Ethnicities live in the country and due to recent changes laws in 2003. If married after 2003 grounds to dissolve one's marriage are serious breakdown in martial relationship, being separated for four years, change of sex, desertion, attempt on petitioner's life, death of a spouse, infidelity, immoral behavior (such a wife staying away overnight from the home without husband's permission), violence between spouses, insanity that lasts for more than three years, conviction leading to a prison sentence for seven years or more, disappearance, inability to have sex, change of religion or attempting to convert spouse or children, refusal to have children. If married before 2003 and members of the Greek Orthodox church or married abroad ground to dissolve a marriage are five years of continual separation, serious breakdown in relationship, infidelity, immoral behavior, violence between spouses, insanity that lasts for more than three years, conviction leading to a prison sentence for seven years or more, disappearance, inability to have sex, change of religion or attempting to convert spouse or children, refusal to have children. To start divorce proceeding despite when the people was married the petitioner must go to the competent clerk and notify them of their intent. The competent clerk is by law required to help reconcile the marriage but in practice this usually does not happen. Before the 1990's the divorces were handled by the ecclesiastical courts but were than transferred into the Family Law court system. This has caused a riff between church and state creating a complex and confusing divorce system. Applicants must now receive divorce in both court system in order for it to recognized by both the state and the church.

Inheritance is also another complicated system in Cyprus. The key factors of needed a will depends on whether the person is domicile of Cyprus and/or the property is removable from the country. If the person is a domicile of the country then rules of succession will govern the estate. If one is not a domicile but has unremovable property then the rule of succession only apply to the unremovable property. In Cyprus it is only possible to create a will if the person (or person's father) was born in the UK or commonwealth countries. People who are not born in such areas can still make a will but it is limited in it's effectiveness. If there is no will drawn than the estate is passed according to the "forced heirship" rule, which mean the estate is divided among surviving relatives.

Social Inequality
Inequality in Cyprus is considered minimal. Cyprus is ranked as the 15th country in gender equality and has a Gender Inequality Index of .284. The GII is formulated from loss of achievements from three dimensions (reproductive health, empowerment, and the labor market) based on gender. Cyprus also has a modest .810 as their Human Development Index and is ranked 35th. The HDI is created by measuring the average achievement of the countries citizens based having a long and healthy life, education, and their standard of living.

Human Rights
Human Rights are protect under the countries constitution and other various international compacts. Within the constitution is a list of fundamental rights. Some articles include protection such as Article 7 a "right to life and corporal integrity", Article 8 prohibits torture and slavery, Article 9 right to decent existence and social security, Article 10 outlaws slavery, Article 11 protects liberty and security,... Article 14 protects citizens from exile, etc. There are 17 articles that protect the citizens fundamental written into the constitution.

Due to Cyprus' recent independence and civil war problems that still Greek Cypriots and Turkish Cypriots have been negotiating topics such as property and migration, although minority and women's rights have not been discussed. Cyprus still has missing people from the civil battles that occurred years ago. Since 2004, 466 remains were exhumed and 110 were identified and returned to their families.

Sexual exploitation is a main concern of the Republic of Cyprus. Cyprus has invoked a few methods trying to stop sexual exploitation. The UN Committee on Economic, Social, and Cultural Rights recently met and discussed trafficking women. In 2008, a year before the UN meeting, Cyprus placed a ban on vistas for artists and dancers in an effort to slow and stop the human trafficking fro sexual exploitation,.

title: Comparative law and justice/Cyprus


text:
Comparative law and justice/Mali

Part of the Comparative law and justice Wikiversity Project

Fleming 22:59, 7 February 2011 (UTC)

Basic Information
Mali's Flag Location: Mali is located in the North Western part of Africa. It is landlocked, surrounded by Algeria, Niger, Burkina Faso, Côte D'ivoire, Guinea, Senegal, and Mauritania. Capital: Bamako; population 1.628 million (2009) Climate: Mali has a subtropical to arid Climate; from February to June it is hot and dry; June to November it is rainy, humid, and mild; November to February it is cold and dry. Terrain: mostly flat to rolling northern plains covered by sand; savanna in south, rugged hills in the northeast, and the Niger River flows through the West. Landmass: 1,240,192 sq km Population: 14,159,904 updated for July 2011. Age/Gender Breakdown: 0-14 years: 47.3% (male 3,372,717/female 3,325,188)
 * 15-64 years: 49.7% (male 3,438,687/female 3,605,143)
 * 65 years and over: 3% (male 199,862/female 218,307)

Ethnic groups: Mande 50% (Bambara, Malinke, Soninke), Peul 17%, Voltaic 12%, Songhai 6%, Tuareg and Moor 10%, other 5% Languages: French is the official language, Bambara 80%, and other numerous African languages Religions: Muslim 90%, Christian 1%, indigenous beliefs 9%

Brief History
Ancient Mali
 * Mali is the heir of to the succession of Ancient African Empiers, Ghana, Malinké, and Songhai. These empires were located in the West Africa Savannah and controlled the Shara trade. The Ghana Empire, centered along the Malian-Mauritanian frontier, was dominated by the Sonike/Saracolé people. From 700A.D. to 1075 A.D. it was a powerful trading state. The Malinké Empire originated on the upper Niger River in the 11th century. During the 13th century the empire expanded and reached its peak under the control of Soundiata Keita in 1325 in which Timbuktu and Gao were conquered. However, in the 15th century the Malinké Empire declined and only controlled a small amount compared to the 13th century. From 1465-1530 the Songhai Empire, under Askia Mohammad I, expanded its power from the center of Gao and expanded as far as Kano (in present-day Nigeria) including much of the Mali Empire in the West. In 1591 it was destroyed by the Moroccan invasion. During this time Timbuktu, of Islamic faith was the center of commerce.

 The French
 * In 1880 the French military penetrated this area which they referred to as "Soudan". In 1890 the French aimed to control the interior but it was not until 1898, when the warrior Samory Touré was defeated after 7 years of war, that French resistance ceased. In 1956 the "Loi Cadre France's Fundamental Law was passed. This allowed the Territorial Assembly to form a cabinet with executive authorities and they gained extensive powers over internal affairs. After the 1958 French constitutional referendum, Republique Soudanaise became a member of the French community and enjoyed complete internal autonomy.

 Independence of Mali
 * On June 20, 1960 Soudan became fully independent within the French Community when it joined Senegal to form the Mali Federation. Shortly after, on August 20, 1960 Senegal suceded and the federation collapsed. On September 22, 1960 Soudan withdrew from the French Community and declared itself the Republic of Mali. President Modibo Keita had dominated pre-independence politics and quickly declared a single-party state and to pursue a socialist policy based on extensive nationalization. In 1967 there was a decision to rejoin the Franc Zone because of the deteriorating economy. On November 19,1968 a group of young officers staged a bloodless coup and set up a 14-member committee for National Liberation with Lt. Moussa Traoré as chairman. In 1974 new constitution created a one-party state was established but the military remained in power. In September of 1976 the Democratic Union on the Malian People the "Union Démocratique du Peuple Malien" was established and based on democratic centralism. In 1979 Moussa Traoré was elected in the single-party presidential and legislative election. In 1980, student led, anti-government demonstrations which challenged President Moussa Traoré efforts to consolidate the single-party government were brutally shut down. In 1991, there was another student led anti-government demonstration only this time government workers and others supported it. After four days of rioting, 17-military officers arrested President Moussa Traoré and suspended the constitution. A draft constitution was approved in a referendum on January 12, 1992 and political parties were allowed to form. On June 8, 1992 the first democratic President, Alpha Oumar Konaré. Although there were attempts to renew national institutions in 1997, Alpha Oumar Konaré with the help of his very powerful ADEMA Party was reelected for a second term on May 11, 1997. In 2002 when his second and last term came to an end, retired General Amadou Toumani Touré, former head of state became Mali's second democratic President who was then reelected in 2007 for a second term.

Economic Development, Health, and Education
 Economic Development  Health
 * GDP: $16.74 billion as of 2010.
 * GDP per capita: $1,200 as of 2010
 * Average Annual Income:
 * Industries: food processing, construction, phosphate, and gold mining
 * Imports: about $2.358 billion according to 2006, Mali imports petroleum, machinery and equipment, construction materials, foodstuffs, textiles, and according to 2009 Mali imported from Senegal (12.21%), France (11.57%), Cote d'Ivoire (10.05%), China (5.89%)
 * Exports: about $294 million as of 2006, Mali exports gold, cotton, and livestock, and according to 2009 Mali exports to China (14.61%), Thailand (8.28%), Pakistan (6.74%), Morocco (6.48%), Burkina Faso (4.67%), France (4.6%), India (4.45%).
 * Infant Mortality Rate: 111.35 deaths/1,000 live births
 * Life Expectancy: 52.61 years
 * Males: 51.01 years
 * Females: 54.26 years

Education
 * Literacy: Percent of citizens over 15 years old who can read and write
 * Total: 46.4%
 * Males: 53.5%
 * Females: 39.6% (2003)

 * Average Education Attainment
 * Total: 8 years
 * Males: 9 years
 * Females: 7 years (2009)

Governance
Mali is a Republic and this is there Constitution: http://confinder.richmond.edu/admin/docs/Mali.pdf The Republic consists of a President, Cabinet, National Assembly, Supreme Court, Constitutional Court, High Court of Justice, High Council of Territorial Collectives, and the Economic, Social, and Cultural Council. Laws are voted on in the National Assembly by a simple majority and in some cases an absolute majority.

Elections

 * The President is elected by absolute majority of cast votes through a two-round system to serve a 5-year term and can only serve one term. In order to be President one must be of Malian National Origin and have fulfilled the civic and political duties.

"The Constitutional Court shall control the regulation of these operations, make rulings regarding complaints, and proclaim the results of the election."
 * The Prime Minister is appointed by the President.
 * In the National Assembly 147 members are elected through a closed party-list majority system to serve 5-year terms.

The legal voting age is 18 years old.

Laws According to the Malian Constitution, Article 75 states that laws are initiated by the Cabinet and the National Assembly. Article 70 declared that laws are voted on by a simple majority in the National Assembly. If the law to which the present Constitution confers the characteristics of an organization law then the proposal may be deliberated in the National Assembly and voted on after the end of the 15th day time period that it has been deposited into the National Assembly. It then can only be adopted by an absolute majority of the National Assembly and the organizational laws may only be promulgated after the declaration of the Constitutional Court of their conformity to the Constitution. If it is not an organizational law then look at article 75 in which it states that first, there is a deliberation in the Council of Ministers, then sent to the opinion of the Constitutional Court, and finally to be presented to the office of the National Assembly. Finally, Article 78 explains the final steps. The Prime Minister can discuss the responsibility of the Cabinet within the National Assembly’s plan either before the Assembly or by a declaration of the general politics of the Cabinet. Even furthermore the Prime Minister, after deliberation with the Council of Ministers, can engage in liability of the Cabinet before the National Assembly votes on the Bill, and in this case the bill is considered to be adopted. The only way for the National Assembly to prevent this is to pass a vote of no confidence which means that ten percent of the majority of the two tiers of the members composing the Assembly must sign the vote of no confidence within 24 hours. The National Assembly can also pass a vote of no confidence to defeat the action of the Cabinet but it must be done within 48 hours.

Judicial Review
The Judicial power is independent of both the legislature and executive branches. There job is to guard the rights and liberties stated in the Constitution. The Magistrates are selected by the President and cannot be removed. There is little information about how trials actually play out and this is most likely due to the amount of corruption involved. The government in Mali overall is not well functioning, however according to the Constitution and the way the court system is suppose to work it would be categorized as an adversarial system, there is suppose to be a presumption of innocence and therefore it would be understood that the burden of proof is on the prosecutor. This is not reality though, defendants are not treated fairly when they are finally put on trial.

Courts and Criminal Law
 Courts  The Judiciary is composed of
 * •One Supreme Court in Bamako
 * •Three Courts of Appeal in Bamako, Kayes and Mopti
 * •Courts of Assises
 * •Courts of First Instance
 * •Constitutional Court

Other jurisdictions include
 * •Administrative courts
 * •Commercial courts
 * •Labor courts
 * •Special Jurisdictions for Minors
 * •Military courts
 * •The High Court of Justice
 * •Peace Justices with Extended Competences
 * •Special Jurisdictions

"Except in the case of minors, trials are public, and defendants have the right to be present and have an attorney of their choice. Defendants are presumed innocent and have the right to confront witnesses and to appeal decisions to the Supreme Court."

Punishment
Human trafficking is punishable from 5 to 20 years in jail. Domestic violence, including spousal abuse is tolerated, as well as assault in marriage even though this is considered a crime, police are reluctant to enforce it. There are no laws protecting children. There is a social service department which investigates and intervenes in cases of child abuse/neglect yet these cases are rarely reported. Child labor is a problem and children have been known to be sold to Cote d'Ivoire. Prositution is legal and there are inadequate laws for child pornography. Assault is punishable by prison terms of one to five years and fines of up to $1,000 and up to 10 years if premeditated. Rape is criminal but spousal rape is legal. Under the Constitution, torture and other cruel punishment is prohibited however, there have been reports of abuse by police officers. The death penalty in Mali has been abolished in practice, meaning that no one has been executed in the past 10 years and they may have established a practice for not carrying out executions. Prisons Prison conditions are bad, they are overcrowded, and besides for the capital Bamako, where a new prison was built in 2001, men and women are housed in the same prison but in separate cells. Juveniles in Bamako are housed in the same prison but in different cells. Food is scarce and medical facilities are inadequate. It has been estimated that about half of the prison inmates are waiting trial. Prison rates according to 2009 were about 52 per 100,000 people (6,700 inmates) which is an occupancy level of about 223.3%. According to ,2% were female inmates and 1.2% were juveniles. According to 2004 88.7% of inmates were pre-trial detainees. The government allowed prison visits by human right monitors however, nongovernmental organizations and other monitors had to submit a request which must be approved by the prison direction and the Ministry of Justice which can take up to a week. There seems to be no evidence of rehabilitation, if over half of the inmates have not even been sentenced it would seem that rehabilitation would be the last priority.

Legal Personnel
Judges, Magistrates, etc The Judicial Magistrate of the Supreme Court, also assisted by a Vice-President are both named by the President of the Republic. The Constitutional Court is comprised of nine members called "Counselors" who hold office for seven years and can hold up to two terms. Three must be named by the President of the Republic and two must be jurists. Three must be named by the President of the National Assembly. Finally, three must be named by the Superior Council of the Magistracy. Counselors are chosen from professors of law, lawyers, and magistrates who have a minimum of fifteen years pf practice. However, the President of the Constitutional Council is selected by peers. The President of the High Court of Justice is elected by the National Assembly.  Paralegals  Responsibilities and Activities
 * Informing the population in understandable language about their rights and obligations as citizens in accordance with the national positive law of Mali
 * Assisting citizens in relevant cases with legal advice
 * Formulating suggestions on how the national positive law can better be adapted to daily realities
 * Mobilizing human resources to prevent conflicts and participate in their resolution (e.g. attorney's at law and other legal professionals)
 * Running education programs for the population in villages.

Paralegals can be male or female and must know of the socioeconomic realities of the villages. Mali established a national curriculum for paralegals in 2006 which created the INFJ, the National Training Institution for the Judiciary.

Law Enforcement
Hierarchy & Structure Mali is a Decentralized Multiple coordinated system. Mali is divided into 8 regions, each region is divided into 5-9 Districts (also called Cercles), which are then divided into Communes, which are finally divided into Villages (also called Quarters). Armed Forces and National Guard: controlled by the Minister of Defense and Veterans The Armed forces has the Department of Defense at the top, then the Joint Staff, the Army, Air Force, and the Gendarmerie. The Army's job is to defend territorial boundaries and is organized with the Chief of Staff at the top, under the Chief of Staff are the Military Regions, the Corps of Army, the Brigade, the Regiment, the Battalion, the Company, the Section, the Group. The Air Force is to defend the territory, assist the army, and provide search and rescue of civilians. Rankings include Aeriel Zones, Bases, Wings, Squadrons, and Units. Finally, is the Gendarmerie which exists to assist the military and the police. The Gendarmerie is ranked which the Squardron at the top, followed by the company, and unit. Gendarmerie & local Police: Controlled by Ministry of Security and Civil Protection, they are both responsible for internal security, but the police are only subjected to the Urban areas. Some of the Malian Military has been trained by the U.S., France, and Germany. Also, the Military has a two year selective compulsory and citizens are eligible at the age of 18. 9 10 Corruption On a Scale of 0-10, 0 being the most corrupt and 10 being the lowest, Mali scored a 2.7 and ranked 116 out of 178 countries in 2010. 10 Orientation Problem-Oriented Policing Mali is a part of many organizations and has been working on things such as counter-terrorism activities. Traditional Policing Community interaction is low, corruption plays a significant role in Mali and citizens believe their system is corrupt.

Crime Rates and Public Opinion
Mali has one of the lowest murder rates in the World, 0.71 per 100,000 according to the Interpol data of 1998. However, according to the 2004 World Health Organization the homicide rate was 18 per 100,000. Other crime rates from 1998 per 100,000 people include 0.46 for rape, 0.05 for robbery, 1.45 for aggravated assaults, 0.77 for burglary, larceny was 0.94, and motor vehicle theft was 0.34. Human trafficking also occurs in Mali, children are sold and forced into unpaid labor. Mali seems to be working on this problem for instance they made a law that makes human trafficking punishable up to 5-20 years in prison, and when it involves a minor the punishments are usually more sever compared to when only adults are involved. If arrested, Malian police can hold an individual up to 48 hours without a charge. Overall, Mali has low crime rates, however, theft, pick pocketing, and other similar crimes often occur and most of the aggravated assaults are a response to an uneasy victim of these sorts of crimes. The actual crime rates are rare to find so the reliability is questionable. Mali would be categorized as having common law, it possesses a constitution and has an independent judiciary. There wasn't much about the public opinion of Malians criminal justice system but interestingly enough female genital mutation (FGM) is not against the law but the National Committee Against Violence Towards Women have been campaigning and trying to eliminate FGM. The government wants to educate the public to eliminate the practice, rather than making it illegal. Children have no protection of rights under the constitution and there is no juvenile court system. Women under the constitution are equal but equality is not necessarily enforced, women often don't know the laws very well and this is most likely due to the low level of literacy in the country being about 30% in 1998. The public cannot have much of an opinion when the public is not well educated.

Family Law
Marriage According to the 2005 Amnesty International about 60% of girls in Mali marry before the age of 18. Mali adopted a new code on August 3, 2009 that made the minimum legal age for girls to be 18 years, recognizing only secular marriage, and expanding legal rights to girls. However, this code must be approved by the President in order to become a law. A foreign woman who marries a citizen of Mali may register for citizenship after the marriage, with no residency requirements. A foreign man who marries a citizen of Mali may register for citizenship three years after the marriage. According to the code of marriage and guardianship states that men have a right to a monogamous or polygamous marriage. A man can have no more then four spouses and each must constitute a household. It also states that the husband must give protection to the wife and the wife obedience to the husband. . The Malian penal code does not include any provision on marital rape. The Marriage and Guardianship code declares the legal age of marriage to be 15 for women and 18 for men however the Ministry of Justice can allow younger people to be married, usually in cases of pregnancy. According to the CLPR 22% of Malian women are married before the age of 15. The penal code prohibits forced marriages but in practice they still occur, sometimes both parties are not even present at the time of marriage. Polyandry is specifically prohibited. Although there are laws that give women certain rights in marriage they are not enforced. The marriage and Guardianship code says if a women has been divorced she must wait three months to remarry, and if widowed she must wait four months and ten days to remarry and men are not subjected to these rules. Men are the head of the household so it could be assumed that they make decisions about the family and kids however, men have to work and provide for families, and some even work overseas in Europe for up to ten years, in these situations it would seem that the women now acts as the head of the household, although she must still remain obedient to her husband. In addition, polygamy is customary in Mali and according to Mali’s National Bureau of Statistics from 1995 - 1996, 44% of married women live in polygamous unions.  Divorce  Either spouse can ask for a divorce however it is much more difficult for a women to get a divorce and even more difficult to get a no fault divorce. In a case where the wife is at fault or the husband and wife are equally at fault the women will receive no alimony. Because the Marriage and Guardianship code declared that women owe obedience to their husbands, he can be easily granted a divorce by saying she did not fulfill these duties, which can be as simple as not making him breakfast. Adoption In order for a married couple to adopt a Malian child one of the spouses must be at least 30 years of age, an unmarried man cannot adopt a Malian child, and an unmarried women can as long as she is at least 30 years old and can show proof of sufficient economic resources to support a child. There are no residence requirements to adopt however, Mali favors those who live in Mali or who once did. There are two types of adoptions in Mali, adoption protection and adoption filiation. Adoption protection give custody over the child and must provide food, shelter, schooling and medical need. The adoptive parents, biological parents, or the Malian government can terminate the adoption at any time. Under certain circumstances with certain requirements Adoption Protection can obtain a visa to bring the child to the U.S. and finalize the adoption there. In adoption filiation the child must be under 5 years of age with parents who are deceased or unknown. The adoptive parents receive complete legal parental rights over the child. In order to adopt under adoption filiation the parent(s) must not have any legitimate children or descendants. Mali is party to the Hague Adoption Convention which means that a child must meet certain requirements in order to be adoptive, and that Mali attempts to have the child adopted in Mali before going inter-country. The Hague Adoption Convention also requires that the parent(s) who want to adopt must first be eligible to adopt in their country for example in the U.S. Finally, the government of Mali places children with families with the preferred order of first Malian nationals, foreign nationals residing in or who have resided in Mali, qualified foreign families without children and finally, foreign families who have already adopted a Malian child Inheritance "Mali has no specific law on succession. The only law on the books is the former French colonial law, which states at Article 6 that rules of inheritance should be governed by the customs of the married parties, with the customs relating to the deceased person taking precedence in cases of dispute. Generally it is Islamic law which is applied, which stipulates for example that a widow will inherit only 1/8 of her husband’s estate. The rest goes to the children, parents etc in keeping with a recognized formula under Islamic law. If there are four wives, this ratio is further divided among the wives. Male children inherit double that of female children. Customary law generally is discriminatory against women, particularly those in polygamous marriages. In some cases, for example, a wife is considered her husband’s property and therefore upon his death she will herself be inherited by a male relative of the deceased as an asset of her husband’s estate ." Children have no legal protected of rights under the Malian law and there really is no juvenile system, there is a juvenile court however, its actually influence/use is questionable. Juveniles are placed in the same prisons as adults but housed in separate cells. Women do have citizenship rights, under the Malian Constitution everyone is equal under the law however this is not actual reality. Women are victims of violence and rape, however, rape and especially domestic violence are rarely reported because of Mali's lack of enforcing such laws even when cases are reported. Women do have the right to education although many drop out and women are suppose to equally agree to marriage however many forced marriages and underage marriages do occur.

Human Rights
According to Mali's Constitution, many rights are protected under the law. Each individual has the right to life, liberty, and the security and integrity of his person. based on social origin, color, language, race, sex, religion, or political opinion is prohibited. by another individual's command, will be punished at law.
 * Article 1: The human dignity is sacred and inviolable.
 * Article 2: All Malians are born and live free and equal in their rights and duties. Any discrimination
 * Article 3: No one will be put to torture, nor to inhumane, cruel, degrading, or humiliating treatment.
 * Each individual of the State who is found guilty of such acts, either on his own initiative, or
 * Other rights in the Constitution include freedom of the press, freedom to assembly, freedom to have and express their own political and religious opinions, the right to be presumed innocent, and not to be held for more then 48 hours unless court ordered.

The fact of the matter is, Mali is corrupt, and these rights are not guaranteed. The Amnesty International conducted investigations in Mali around 1996-1997. What they found to be true was that there was torture and ill-treatment with complete impunity occurred in numerous police stations across the country. There are also arbitrary arrests and unfair trials. One example was the the trial of Mady Diallo and the six soldiers who had been held for about 2 years before the trail took place in March 1998. The defendants were sentences to 15-18 months in prison and the Amnesty International said, had the proper legal procedures been followed they would not have been able to convict these individuals. In addition, it looks as if this was a politically-motivated reaction which clearly shows the lack of an independent judicial system. They had been accused of "an attack against the lawful government of the Republic of Mali with the intention of overthrowing it by force, and aiding and abetting a threat to state security by means of donations, pledges and provision of resources" however, no real evidence was ever found. Other rights were also violated for example confessions were obtained by means of torture, and they had problems meeting with their families, lawyers, and doctors. FGM: Female Genitalia Mutation FGM is practiced on 92% of the female population in Mali. There are three forms of genital mutilation that that range from the partial removal to the entire removal of the exterior sexual organs. After the cutting has been complete the two sides of the vulva are then stitched, leaving a small vaginal opening for menstrual flow and urine. This practice is performed on girls from as early as a three month old infant to girls in their pre-teens. Not only does this deny women equality but the surgery can result lifelong health consequences. Some include psychological trauma, severe pains during urination, hemorrhaging after the process that result in anemia, shock, and death. In addition girls can become incontinent from the damages done to their urethra's which damages their future and chances of being married. The practice of FGM is religious and is suppose to prevent infidelity and help girls fully mature. Since, the earlier daughters mature, the earlier they can marry, mothers and elder family members favor this procedure so they can receive a dowry in order to help support the family. The majority of these girls do not want to undergo this procedure but are forced to and until FMG is abolished gender inequality will remain.

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title: Comparative law and justice/Mali


text:
Comparative law and justice/Kuwait

Part of the Comparative law and justice Wikiversity Project

RLapierre 22:47, 7 February 2011 (UTC)

Basic Information

Kuwait is in the Middle East. It is between Iraq and Saudi Arabia and is left to the Persian Gulf. Kuwait is about the size of New Jersey (6,880 sq.mi). The capital of Kuwait is Kuwait City. The entire region is mainly a flat desert plain. The climate in Kuwait is usually very hot and dry; their winters only last three months and are cool. Summer temperatures are usually between 108 degrees and 120 Fahrenheit. In the winter the weather ranges between 50 to 80 degrees Fahrenheit. It rarely rains in Kuwait. The nationality of Kuwait is Kuwait(s). Population from the (2009) census was approximately 3,520,000. The breakdown of the 3,520,000 is 1.6 million Kuwait citizens, 2.36 million non-Kuwait nationals, and one hundred thousand stateless persons. The age structure of Kuwait from a 2005 census: 0-14yrs. makes up 14.2% of the population (male 323,382; female 311,700), 15-64 yrs. is 70.1% (male 1,045,589; female 591,243), with Senior Citizens making up 2.7% (male 40,439; female 23,295). The populations' religion is mostly Muslim (70% Sunni and 30% Shia). You do also see some Hindu, Christian, and Buddhist communities. Kuwait’s ethnic group is broken down into four major subheadings: Kuwait 45%, Arab 35%, South Asian 9%, Iranian 4%, and other 7%. Arab people ended up in Kuwait through the discovery of oil in 1938, which drew Arabs from nearby states. The official language is Arabic, but English is spoken widely. Kuwait’s natural resources are oil, natural gas and fish. Most of their food is imported with the exception of fish. Petroleum extraction and refining, fertilizer, chemicals, desalination, and construction materials are the types on industries they are involved in. The services Kuwait offers are public administration, finance, real estate, trade, hotels, and restaurants. Their GDP is (official exchange rate 2010) 150 billion. Agriculture making up .3%, cultivated land 1%, industry 48.3%, and services 51.3%. Their key export is oil and major import is food. Kuwait has a per capital income of US $81,800, making it the 5th richest country in the world. The infant mortality rate in Kuwait is 8.75 deaths per 1000 births. Broken down, the male mortality rate is 9.35% and female is 8.13% per 1000 births. The life expectancy of the total population is 77.89 years, with the average woman living until age 79.18 years of age and the average male living until 76.64 years of age. It is required by law for children to attend school from ages 6 to 14 years old. School is free, including higher education. The literacy rate is 93% of the total population. The average educational attainment is 12 years for males and 13 years for females. The Ministry of Education is also making efforts to incorporate women into the educated workforce through various programs. In the 19th Century Kuwait became involved in the same treaty relationship Britain had already formed with Trucial States. Early in the 20th Century Kuwait discovered oil and tried to establish internationally recognized boundaries. Kuwait and Saudi Arabia establish their borders and a neutral zone in 1922(Treaty of Uqair). By 1961 Kuwait achieved its independence from the British and Kuwait Government began to exercise legal jurisdiction under new laws drawn up by Egyptian jurist. After their independence in 1961 Iraq claimed Kuwait. Another important year for Kuwait was 1977, because they signed another agreement with Saudi Arabia dividing the neutral zone forming a new international boundary. From this Kuwait became a well developed welfare state with a free market economy. Kuwait’s problem with Iraq collided head on in 19991 when Iraq invaded Kuwait. This lasted several months then the UN headed by the US, assaulted Kuwait to free them from Iraq. By 1994 Iraq formally accepted the UN demarcated border with Kuwait. Still, to this day, Iraq and Kuwait have problems in regards to their border, debt, reparations, and return of missing persons and archives.

Crime Rates and Public Opinion
Kuwait, being in the Middle East, falls under mixed law. We see Muslim, civil and customary law used here. In their dealings with theocratic law their authority comes from the divine (spiritual law). The law that is based on religion is non-rational and Universal law. In their dealing with civil and customary law it is universal and rational law. Kuwait is a destination country for men and women who migrate from South and Southeast Asia for domestic or low-skilled labor. Unfortunately these men and women are subjected to conditions of involuntary servitude by employers in Kuwait including conditions of physical and sexual abuse, non-payment of wages, confinement to the home, and withholding of passports to restrict their freedom. They say Kuwait is a transit point for South and East Asian workers recruited for low-skilled work in Iraq. Some of these workers are mislead from the truth and nature of this work, and others are subjected to conditions of involuntary service in Iraq. The overall crime rate in Kuwait is low. The crimes that are more common in Kuwait are kidnapping, assaults, robberies, and software piracy. Also, you do see problems with involuntary servitude especially in the sexual exploitation of women. Kuwaitis Crime Statistics: Homicide: 4 per a 100,000 population Assaults: (major) 10 per 100,000 population (simple) 50 per 100,000 population Rape: 2 per 100,000 population Robbery: 15 per 100,000 population Housebreaking/Burglary: 5 per 100,000 population Motor Vehicle/ Automotive Theft: 90 per 100,000 population Kidnapping: 11 per 100,000 population Suspect: when persons is suspected of committing a crime, arrested or cautioned:  600 per 100,000 Police per Capita: 435 per 100,000 population Prosecutor per Capita: 4 per 100,000 population Judges per Capita: 8 per 100,000 population Prison Guards per Capita: 46 per 100,000 population

The Legal System
Kuwait is an independent and full sovereign state that is part of the Arab nation. The government of Kuwait is a constitutional monarchy and has a parliamentary system of government. Kuwait does have a constitution and gained their independence June 19, 1961 from the (U.K). Their constitution was approved on November 11, 1962. If you were to follow Kuwait’s Constitution, Islam is one source of legislation, but not the main source. Kuwait's legal system is based on Latin Civil Law, which is mainly derived from French Law. Kuwaiti laws are mostly secular. Only in family law for Muslim residents, the Islamic Sharia is used. In Kuwait they have a constitutional court that acts as a judicial review and examines the constitutionality of their laws (High Court of Appeals). This particular court is made up of five Consultants. Whatever decisions they make are binding upon the states and all the other courts of law. The judicial model that Kuwait follows for judicial review is the “French” Continental Model, which is based on French Constitutional Council. Anything pertaining to the constitution is reviewed by special bodies of constitutional review or by special chambers of ordinary Supreme Courts. Kuwait does not have any formal political parties, but do have political blocs. The Executive Branch: Head of State is a hereditary position (the Amir), Head of Government is appointed by Amir who is the Prime Minister. The Council of Ministers is appointed by the Prime Minister and is approved by the Amir (the Cabinet). Amir’s hereditary origin is from the Al Sabah family and this has been this way since the 18th century. The Legislative Branch: Is a unicameral National Assembly of 50 elected officials who serve 4 year terms including all ministers who serve as ex officio members. No law can be publicized without being passed by the National Assembly and it also has to be sanctioned by the Amir. Requirements for holding office: The Amir is a descendant from the late Mubarak al-Sabah family and he exercises his power through his Prime Ministers. The Amir appoints the Prime Ministers which are selected from the National Assembly. The rule with Ministers is that they shall not exceed one-third of the number of members of the National Assembly. The requirements to be a part of the National Assembly are; be a Kuwaiti by origin in accordance with the law, be qualified as an elector with the electoral law, be at least thirty years old at the time of elections, and be able to read and write Arabic. Elections: Parliamentary Up for grabs are the 50 seats in the National Assembly. The elected members come from five, ten seat districts. Their electoral system is Multiple Non-Transferable Vote System (MNTV). Each voter chooses up to four candidates. The 10 with the highest votes win seats in each district. Voting: Kuwaitis vote for the National Assembly and Municipalities. Up until 2005 men over the age of twenty-one, who were not in the armed forces or apart of the police, and a Kuwaiti citizen for thirty years were the only ones allowed to vote. So the 2006 elections were a historic year because this is the first time women over the age of twenty-one could vote. Voting is a right, you have the choice of whether or not you want to vote.

Law Enforcement
I feel that Kuwait has a centralized multiple uncoordinated police structure. The Minister of Interior is in charge of public safety and law and order. Following the ministry’s order, the national police‘s main focus is on public order and preventing and investigating crimes. Kuwait police are divided into nine categories: Traffic, nationality and passports, criminal investigation, emergency safety, prisons, immigration, civil defense, courts-martial, and trials. To become a police officer in Kuwait you must attend a three year program at the Police academy that consist of academic work, physical exercise, and field training. Kuwait has plans for a police college in Kuwait City to be opened sometime this year. This new facility will provide training for 1,200 officers with facilities for living, academics, athletics, administrations, and training. This campus is a paramilitary complex that is the center of Kuwait and will provide a sense of security for the citizens of Kuwait. Kuwait police play a traditional role of policing, but in some instances you see them act as problem-oriented police. The model of police Kuwait follows is the Quasi-Military style, because the National Guard, on top of their own duties, also act as a reserve for the metropolitan police as needed. 2010 Corruption Percentage Index (CPI) dealing with corruption Kuwait is ranked 54th out of 178 countries with a score of 4.5, which means it is pretty corrupt, but is not that bad compared to the other countries in the Middle East. Kuwait’s Military Expenditure In 2008 using US money (at US constant 2008 prices and exchange rate) was 4,660.00 in percentage of Gross Domestic Product (GDP) it was 3.2. Their military consist of an Army, Navy, and Air force. In 2003 their Armed forces personnel was 16000 and had a weapons holding of 800.

Courts
Kuwait's legal system is mostly a mixture of British general law and French civil law, while Islamic law is solely significant in family law. Even though we see all these types of law Kuwait does have a unified court system. The Civil Court has three levels Court; First Instance takes cases according to their gravity; Next level is an appeals court; And Cassation stands at the forefront of the system. Other sections deal with criminal, commercial, personal status, labor, and rental cases. There are also some specialized courts, an example would be traffic court, but they fall in regular civil judiciary. The job of Court of First Instance is to look into the conflicts of personal, civil, commercial, and labor affairs as well as administrative cases. The Courts of Appeal looks into appeals sent to them from the Court of First Instance excluding cases appealed before the Court of First Instance in the form of urgent, penalized and non-penalized cases. The Supreme Court is there to look into cases that are sent down from the Court of Appeals in dealing with labor, civil, commercial cases, personal affairs and crime cases. The Amir appoints judges, but get’s the advice of the Supreme Judicial Council. This Council is judicial in character, but a representative from the executive branch. Judges who are citizens have lifetime appointments, but the majority of judges are non-citizens. A non-citizen judge holds 1- to 3-year renewable contracts, which undermine their independence. The Ministry of Justice may remove judges for cause, but rarely do so. Judicial education in Kuwait is lacking. They have trouble training a sufficient number of judges to staff their courts. The Kuwait Institute for Judicial and Legal Studies admits training sessions for judges, prosecutors, court personnel, and state legal advisors. United States Department of State's Country Reports on Human Rights Practices for 1991 sites: Kuwait judicial system provides fair and public trials with adequate appeals mechanisms. A detainee cannot be held more than four days without being properly charged. If being charged with a crime, bail is usually set in most cases. In misdemeanor cases if found guilty you cannot get more than three years in jail and in felony cases a defendant is represented by a lawyer that is appointed by the court. Cases brought before the State Security Court can be heard between two separate panels, each made up of three judges. These judges hear cases against state security or cases referred by the Council of Ministers. Trials In state security court are held in closed session but are opened to the press and others. Article 34 of the Kuwait Constitution, it is categorically states that an accused person is presumed innocent until proven guilty in a legal trial at which the necessary guarantees for the exercise of the right of defense are secured.

Punishment
Under articles 218 and 219 of the Code of Criminal Procedure, capital punishment is allowed only with the Amir’s approval. In retaining capital punishment Kuwait uses a modified British style hanging and has carried out 72 executions from 1964 to 2007. Since then death sentences have been handed down, but there have not been any more cases of execution reported. Throughout time, Kuwait’s officials go back and forth on where a Death sentence should be carried out. Before 1985 death sentences were carried out in public, then we see some sentences carried out in the central prison, and after 2001 we see executions taking place at Nayef Palace, but in semi-private. Death sentences are all carried out at the same time of day and family of offender and victim know when the execution is going to happen. Kuwait officials believe that if other people are aware and able to see executions either first hand or through pictures, it is a greater deterrent for rest of society. In Capital cases the state is not allowed to execute anybody under the age or 18 or anybody who is insane. These cases are reviewed by the Court of Appeals, Court of Cassation, and then sent to the Amir for ratification. If Amir approves, an execution order is issued by the Chief Justice and passed to the prosecutor general. Corporal punishment is legal by parents disciplining their children in their home. Article 29 of Law No.16 gives parents this right to this type of abuse. This abuse on children is also lawful in alternative care settings too. Suggestions by human rights committee’s recommend awareness campaigns for alternative forms of punishment to be administered that take into consideration the child’s human dignity. Beside that Kuwait does not believe in corporal punishment. So we do not see any forms of torture and other Cruel, Inhuman, or Degrading Treatment or Punishment through Kuwait’s history, because it is forbidden. Although there are some reports that police and security forces have abused detainees during interrogation. The abuse inflicted most of the time is toward non-citizens. Ministry of the Interior is responsible for prisons in Kuwait. The prison administration is run by the General Department of Rehabilitation and Law Enforcement. From the 2009 U.S. State Departments Human Rights Report the total prison population including detainees and remanded individuals was 4045. The makeup of the prisons is; 10% detainees and remanded prisoners, female prisoners 5.2%, and foreign prisoners are 13.5% of the prison population. This particular prison brief does not tell us what the rest of the prison composition is, but I assume it is drug related cases. According to (2009) information there are three prison institutions that can hold a total of 4000 people. From these statistics, you can see Kuwait has a problem with overcrowding. In the 90’s prison population hovered around 1700, but since then the prison population has doubled. Kuwait’s prison system has exceeded in international standards in food services, visiting rights, basic health care, cleanliness, and opportunities to work and exercise. They do though have medical specialists attend the prisons weekly, a psychiatrist is on call 24 hours, and some specialized health care is available. The major problem we do see in their prisons is overcrowding, and most of the people in prison are there on drug charges. There was no exact data to be found on fines and punishments in Kuwait, but I do feel it resembles our societies systems in the way that punishment might receive a fine, prison sentence, or both. An example of this is Piracy in Kuwait. If you are found guilty of the act you could receive a maximum fine of 500 Kuwaiti Dinars (approximately US $1,775) or up to one year of imprisonment, or both penalties.

Family Law
There are two types of family law in Kuwait: Islamic and secular. Family law pertains to marriage, divorce, child custody and inheritance. Muslims in Kuwait have an Islamic family law, non-Muslims in Kuwait have a secular family law. An Islamic marriage is a civil contract between a male and a senior ranking male member of the bride’s family. The marriage is witnessed in the presence of two witnesses and an authorized judge. Sunni and Shia males came have up to four wives at one time as long as he has the woman’s permission and can support them. So this means polygamy is legal, but it is more common among tribal elements. Divorce in Kuwait is allowed and the husband may take his wife back within 90 days and divorce her three times if he wants. In child custody issues there are different outcomes in Sunni and Shia laws, but for the most part, child custody is in favor of the mother, but not if she remarries. Where these two Islamic religions differ is in issues of age when the children can decide on their own whom they want to stay with. The main point one should know about inheritance is that a non-Muslim cannot inherit from a Muslim and vice versa. Kuwait’s legislation and laws look out for the best interest of a child. An example of this is Kuwaiti Personal Status Act. This act looks into matters of wet-nursing, fostering, guardianship, and basic maintenance of the child. Juvenile welfare is under term of Ministerial Ordinance No. 253. If a child’s parents leave them to another family it is the responsibility for that family to raise the child as if he/she were their own. (Act No.82, The Family Fostering Act). This is the main act which most effectively safeguards the rights of children of unknown parentage. Another act that falls under Personal Status is if for some reason a family splits up, it is the right of the father to maintain his wife and children. Kuwait legislation and Juvenile Act defines a juvenile as any child who is under the age of 18, this goes for both male and female. For a juvenile to be prosecuted and potentially held liable they would have to fall between the ages of 7 to 18 years of age. There is an article too that states the child is subject to guardianship of his or her person until the age of 15. That same Act prohibits notarization or certification of a contract of marriage for a young man under the age of 17 and 15 for young girls at the time of notarization. In order for children to work they have to be at least 14 years old and there are only certain conditions and hours children are allowed to work. Issues involving citizenship in regards to marriage in Kuwait are different for men and women. When a foreign woman marries a citizen of Kuwait the women can earn her citizenship after 15 years of residency. If it is a foreign man who is to marry a citizen of Kuwait they are not eligible for citizenship. Also the women in Kuwait do have citizenship rights to drive, vote and hold political positions.

Human Rights
The Kuwait people are protected by a variety of different fundamental rights that are listed in their Constitution. Some of the most important rights that they have are freedom of religion, peaceful assembly, expression, thought, and protection of privacy. Freedom of thought, conscience and religion are guaranteed by Article 35 of the Kuwait Constitution. It states, “Freedom of belief is absolute. The State shall protect freedom of religious observance in accordance with established customs, provided that such is neither detrimental to public order nor incompatible with morality.” The citizen’s also enjoy the right to express their views freely, either verbally or through publication in newspaper. Articles 43 and 44 in Kuwait’s Constitution deals with stipulations in the freedom of association and peaceful assembly letting the people know that they have the freedom to form associations and trade unions, and individuals shall have the right to assemble without any prior permission. Protection of privacy is guaranteed under Article 39, which says: “Freedom of postal, telegraphic and telephone communications shall be safeguarded and their confidentiality shall be guaranteed. Such communications shall not be censored, nor shall their content be disclosed except in the circumstance and in accordance with the procedure specified by law.” In regards to the right to not be subjected to torture or other cruel and inhumane punishment Kuwait citizen are protected from being arrested, detained, and searched (expect as prescribed by the letter of the law). No one shall be subjected to torture or inhumane treatment. Also, in the court of law, an accused person is presumed innocent until proven guilty by a legal hearing, which the defendant has the right to a defense. Some rights that Kuwait Constitution does not provide are; freedom of movement within the Country, foreign travel, and emigration. The Government placed some limits on freedom of movement in practice. Migrant workers are extremely discriminated against. Migrant workers have held mass protest with the only results being, police abuses and deportation. The Government has made promises to improve their working conditions, but have only made the bare minimum improvements. Also thousands of women domestic workers have been vulnerable to the abuses of employers. The Human Rights Committee has been meeting to propose new bills against these abuses. Kuwait has remained deficient in the human rights arena and there are serious problems of human right violations that still continue in Kuwait. In prisons, there are problems of overcrowding, abuse of detainees and non-citizen prisoners. In the Judicial realm, Kuwait’s judiciary has been known to be influenced by the government. Government has placed some limitations on the freedom of speech, the press, and has infringed on citizens’ privacy rights.

title: Comparative law and justice/Kuwait