Примеры использования Granting of immunity на Английском языке и их переводы на Русский язык
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The lifting or granting of immunity was also a question of jurisdiction.
All these considerations raise the related question of the role of recognition of States and Governments in the granting of immunity ratione personae.
Thirdly, the granting of immunity and the practice of plea-bargaining find no place in the rules.
The Inter-American Commission on Human Rights takes a stronger position,indicating the granting of immunity from criminal prosecution violates the rights of the victim.
The granting of immunity ratione personae under international law to the family members and members of the entourage of a head of State remains an uncertain matter.
While some delegations saw no merit in examining the question of recognition of States and Governments,others supported the study of the effects of nonrecognition on the granting of immunity.
In general, as regards the granting of immunity in cases of contracts of employment involving a State, Germany supports protection of the employee to the greatest possible extent.
Consequently, it has to be said that the Vienna Convention on Consular Relations puts even greater emphasis on the link between the granting of immunity to certain categories of persons and their exercise of specific functions on behalf of the State.
Concerning the granting of immunity in the case of contracts of employment involving a State, his delegation supported protection of the employee to the greatest possible extent.
Some States have sought to promote the cooperation of such witnesses through the granting of immunity from prosecution or comparative lenience, under certain conditions, which vary from State to State.
The granting of immunity to private contractors significantly diminishes their accountability for any crimes that they or their employees may commit and undermines the ability of victims to have access to justice and effective remedies.
Such travel has also raised legal issues relating to perjury and the granting of immunity from prosecution for related or unrelated offences in each jurisdiction where the witness testifies.
Azerbaijan, Bulgaria, the Czech Republic, Ecuador, Georgia, Germany, Italy, Norway, Portugal, Slovenia and Spain(in addition to the States that had no measures in place toencourage cooperation of offenders) indicated that they excluded the granting of immunity.
In some States, cooperation with the authorities is promoted through the granting of immunity from prosecution, in other States through a reduction in sentence for offenders who provide such cooperation.
His delegation supported the distinction drawn by the Special Rapporteur between international and national jurisdiction andagreed that the Commission could examine whether the non-recognition of an entity as a State might affect the granting of immunity to its officials.
But how could the closing of investigations, the granting of immunity and the annulment of sentences passed by the courts in regard to human rights violations advance the process of national reconciliation?
Some States have sought to promote the cooperation of such witnesses through the mitigation of punishment or granting of immunity from prosecution under certain conditions, which vary from State to State.
Measures in this regard may include the granting of immunity or providing for mitigating punishment and/or applying witness protection measures, as well as lowering the threshold of punishment of offences for which witness protection measures are implemented, as per article 37 of the UNCAC.
If, in addition to establishing the nature of the transactionas the primary criterion, the parties could also expressly agree to the designation of a transaction as non-commercial, the granting of immunity would not be left to the discretion of a foreign State involved in the transaction.
However, the granting of immunity under national law is of interest in the context of this topic only because the corresponding provisions of national law may be considered as one indication of the existence of rules of customary international law in this sphere.
Further, plea bargains,reduced sentences, stays of proceedings and the granting of immunity from prosecution take place in cooperation with legal counsel and the courts in order to obtain cooperation.
As seen in the previous paragraphs, the judicial practice in some States(notably in the United States or the United Kingdom) considers the question of recognition non-justiciable and defers to the determinations made by the executive branch, andtherefore recognition plays a decisive role in the granting of immunity.
Mr. LALLAH said that, on the previous day,he had mentioned a law concerning the granting of immunity, and he wished to make it clear that he was referring to the new amendment to the Torts Law on State Liability, adopted by the Knesset on 24 July 2002, which appeared to broaden the definition of war activity.
While the International Court of Justice has denied, in the Arrest Warrant case, the existence of such an exception as regards the immunity from foreign criminal jurisdiction of an incumbent minister for foreign affairs, and while certain elements of State practice-- including national judicial decisions-- would seem to support the Court's finding, some scholars have suggested possible exceptions,in particular in situations where the granting of immunity ratione personae would entail a serious risk of impunity.
Continued granting of immunity from prosecution for members of the security forces which promotes a long-standing culture of abuse and impunity, as evidenced by the fact that Legislative Decree No. 14, of January 1969, and Decree No. 69, of September 2008, are still in force arts. 12 and 13.
With law enforcement authorities,such as the potential mitigation of punishment of or the granting of immunity to an accused person who provides substantial cooperation, in cases of illicit manufacturing of and trafficking in firearms, their parts and components and ammunition(art. 26 of the Convention)?
The granting of immunity of jurisdiction by States to international organizations was a long-standing practice; however, immunity was admissible under the terms of the European Convention for the Protection of Human Rights and Fundamental Freedoms only if plaintiffs had access to other reasonable methods of effectively protecting the rights guaranteed by the Convention.
The key aspects of a leniency regime were identified as( a)the clear identification of benefits;( b) granting of immunity from criminal prosecution to the applicants' employees;( c) the nature and extent of information the applicant had to provide;( d) procedures that were transparent and predictable; and( e) a track record that showed that other enterprises found the leniency programme predictable and beneficial.
The granting of immunity ratione personae presupposes the determination that the accused is an incumbent head of State, which, in turn, requires findings on two different questions, namely: whether the entity at issue is a sovereign State; and whether the individual concerned holds the position of head of State in the organization of that entity.
As regards the potential role of recognition in the granting of immunity to de jure or de facto State officials, it is also worth recalling the position adopted by the United States Supreme Court, as early as in 1897, with respect to certain conduct assumed by a military commander who carried out operations under the authority of a revolutionary government in Venezuela.