Judicial Supervision as a Substitutional Measure for Preventive Detention: A Comparative Study
Dr. Asim Shakeeb Saab
Assist. Prof. of Criminal Law and Assistant Dean for University Studies
Faculty of Law – University of Sultan Qaboos – Oman
Abstract:
The title of this paper is “Judicial Supervision as a Substitutional Measure for Preventive Detention”, aiming to achieve public interest by preventing the accused from escaping and impunity, and achieve private interest by protecting the accused from being exposed to other perpetrators, if any, or by the victim or their relatives. While there appears to be a convergence of interests, there is often a conflict between achieving the public interest and the individuals’ freedom. Justice requires the reconciliation between such interests and avoiding the dominance of one over the other.
There are numerous and varied breaches of rules on preventive detention as proved by several precedents. Such measure puts individuals’ freedom at risk. Therefore, there was a doctrinal and legal quest seeking to find a solution to the conflict issue, which is the judicial control.
In order to clarify all the paper’s aspects and highlight its significance, we presented the concept of preventive detention as a preventive measure and its significance and the implications as well as ways of breaches in the first section. After these clarifications, we shall discuss the subject of judicial control as an alternative to preventive detention in the second section.
The research concluded with several results. Mainly, the judicial control has become a «legal» reality and a successful experience to replace preventive detention and avoid any issues that may arise, especially, in terms of claiming compensation for imprisonment in some cases. Hence, the researcher recommends circulating this measure to all legislation and organizing it in order to make it an original measure that has its own independent provisions from preventive detention in other legislations.
Keywords: preventive measures, the interest of the investigation, the escape of the accused, impunity, the administration of justice.