Stan Starygin - Academia.edu (original) (raw)
Papers by Stan Starygin
Journal of Thermophysics and Heat Transfer, 2011
T o date, the Extraordinary Chambers in the Courts of Cambodia (ECCC) has denied all motions for ... more T o date, the Extraordinary Chambers in the Courts of Cambodia (ECCC) has denied all motions for pre-trial release. On July 31, 2007 the reputed commandant of the central security prison (S-21) of Democratic Kampuchea (popularly known as the "Khmer Rouge regime"), Kaing Guek Iev, was transferred into ECCC custody from the military prison of Phnom Penh where he had been held without trial for eight years prior on orders from the Military Tribunal of the Kingdom of Cambodia (Military Tribunal). The Co-Investigating Judges (CIJs) promptly ordered Kaing's pre-trial detention. On December 3, 2007 the Pre-Trial Chamber (PTC) denied Kaing's appeal. Noun Chea, the Democratic Kampuchea's alleged Communist Party of Kampuchea (CPK) Secretary and presumed second in command to Pol Pot, was the first person arrested directly on orders by the ECCC. On March 20, 2008 the PTC rejected Noun's appeal of a CIJ order for his pre-trial detention. Similarly, on orders of the ECCC, Ieng Thirith, Democratic Kampuchea's Minister of Social Affairs (Action), and Ieng Sary, Democratic Kampuchea's Deputy Prime Minister for Foreign Affairs were arrested and ordered to pre-trial detention. The PTC rejected appeals against pre-trial detention in both cases in decisions on July 9 and October 17, 2008, respectively. Finally, on November 19, 2007, the ECCC also arrested Khieu Samphan, who had allegedly held numerous high-level positions within Democratic Kampuchea. Khieu filed an appeal with the PTC, which was later withdrawn as part of defense counsel's pre-trial strategy, but subsequently filed an additional appeal requesting his release on the basis of an alleged abuse of process. Despite Khieu's appeals, the decision by the CIJs to detain has stood throughout the process.
Journal of Human Rights Practice, Nov 1, 2011
This paper explores the recent change of legal status of the solicitation of sex services in Camb... more This paper explores the recent change of legal status of the solicitation of sex services in Cambodia brought about by the recently adopted Law on Suppression of Human Trafficking and Sexual Exploitation. In Cambodia, the practices associated with the government’s handling of the issue of prostitution are well-entrenched and are proving to be resilient in the face of the changing laws. Amidst the stalemates and confusion that abound as a result, Cambodia’s sex workers find their rights compromised and at times trampled. Non-governmental services expected to assist the sex workers in the restoration of their rights often exacerbate their plight.
International Community Law Review, 2007
ABSTRACT
International Criminal Law Review, 2011
Th is article examines the issue of the exercise of judicial discretion in deciding motions for p... more Th is article examines the issue of the exercise of judicial discretion in deciding motions for pre-trial release at the Extraordinary Chambers in the Courts of Cambodia (ECCC) through a comparative prism of other existing and past International Criminal Tribunals (ICTs). Th e issue of pre-trial detention has been one of the most contentious in international criminal justice, with many questioning the ICTs' insistence on abiding by the self-imposed principle of "detention is the rule, pretrial release is the exception". Th is article off ers an answer to the question of the extent to which the relevant statutory pronouncements have led to the creation of the foregoing principle, and the extent to which such has been achieved by the statutorily prescribed or the extra-statutory exercise of judicial discretion. Further, this article examines the extent to which the relatively newly established ECCC have followed the patterns of judicial discretion in deciding motions for pre-trial release created by its predecessors.
Journal of Labelled Compounds and Radiopharmaceuticals, Feb 28, 2011
This paper encapsulates an in-depth examination of the legality of the authority invoked by the E... more This paper encapsulates an in-depth examination of the legality of the authority invoked by the Extraordinary Chambers in the Courts of Cambodia (ECCC) to create a set of rules of procedure and evidence known as the Internal Rules (IRs). In the void of public information pertaining to the ECCC's rationale for creating the IRs, this paper, in part, seeks to reconstruct the relevant judicial arguments and, to the greater extent, focuses on answering the question of which of the arguments put forward during the adoption process of the IRs should have been but were not entertained and accepted by the judicial panel to ensure the legality of the actions associated with the creation of the IRs. To this end, the paper extracts a statutory test which is used as the litmus test of the provisions of the IRs analyzed throughout the narrative. The application of this test, in the end, results in the separation of the provisions of the IRs ab initio identified as suspect into those for the adoption of which authority exists at the international level and those which the ECCC has invented ultra vires the law on the establishment of the ECCC and applicable international standards.
Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example... more Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example of the rule of law by breaking the law?
Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example... more Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example of the rule of law by breaking the law?
Journal of Human Rights Practice, 2011
This paper explores the recent change of legal status of the solicitation of sex services in Camb... more This paper explores the recent change of legal status of the solicitation of sex services in Cambodia brought about by the recently adopted Law on Suppression of Human Trafficking and Sexual Exploitation. In Cambodia, the practices associated with the government’s handling of the issue of prostitution are well-entrenched and are proving to be resilient in the face of the changing laws. Amidst the stalemates and confusion that abound as a result, Cambodia’s sex workers find their rights compromised and at times trampled. Non-governmental services expected to assist the sex workers in the restoration of their rights often exacerbate their plight.
International Journal of Comparative and Applied Criminal Justice, 2010
ABSTRACT
International Criminal Law Review, 2011
This article examines the issue of the exercise of judicial discretion in deciding motions for pr... more This article examines the issue of the exercise of judicial discretion in deciding motions for pre-trial release at the Extraordinary Chambers in the Courts of Cambodia (ECCC) through a comparative prism of other existing and past International Criminal Tribunals (ICTs). The issue of pre-trial detention has been one of the most contentious in international criminal justice, with many questioning the ICTs' insistence on abiding by the self-imposed principle of "detention is the rule, pretrial release is the…
International Community Law Review, 2007
ABSTRACT
Journal of Labelled Compounds and Radiopharmaceuticals, Feb 28, 2011
This paper encapsulates an in-depth examination of the legality of the authority invoked by the E... more This paper encapsulates an in-depth examination of the legality of the authority invoked by the Extraordinary Chambers in the Courts of Cambodia (ECCC) to create a set of rules of procedure and evidence known as the Internal Rules (IRs). In the void of public information pertaining to the ECCC's rationale for creating the IRs, this paper, in part, seeks to reconstruct the relevant judicial arguments and, to the greater extent, focuses on answering the question of which of the arguments put forward during the adoption process of the IRs should have been but were not entertained and accepted by the judicial panel to ensure the legality of the actions associated with the creation of the IRs. To this end, the paper extracts a statutory test which is used as the litmus test of the provisions of the IRs analyzed throughout the narrative. The application of this test, in the end, results in the separation of the provisions of the IRs ab initio identified as suspect into those for the adoption of which authority exists at the international level and those which the ECCC has invented ultra vires the law on the establishment of the ECCC and applicable international standards.
The Bougainville Peace Agreement did not bring the peace to Bougainville many had hoped for. It b... more The Bougainville Peace Agreement did not bring the peace to Bougainville many had hoped for. It brought a stalemate of lawlessness presided over by a weak unarmed autonomous government that tries to navigate its way around the armed gangs formed from the residue of the civil war. The gangs control the half of the island which houses one of the world's largest deposits of copper and gold, the Panguna mine. This paper offers a close look at these gangs and seeks to answer the questions of (1) how each gang relates to the mine through the traditional rules of land tenure; (2) how much control each gangs exercises over the mine and (3) what each gang's views on reopening of the mine are.
Asian Journal of Comparative Law, 2009
This article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian c... more This article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian criminal law, has changed with the passage of the new criminal legislation and whether this change is positive or otherwise. The quality of this change, henceforth, will demonstrate to the reader whether the overall reform of the juvenile justice component of Cambodia's criminal justice system, which has spanned over the last 15 years and has been funded by the international community, has been a success. The author has limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile victims and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than 'practice notes' which have yet to develop.
Psichologija, 2008
Abiakė (binokulinė) konkurencija (angl. binocular rivalry) – tai suvokimo reiškinys, kai sąmoning... more Abiakė (binokulinė) konkurencija (angl. binocular rivalry) – tai suvokimo reiškinys, kai sąmoningas suvokimas pakaitomis persijunginėja tarp dviejų vaizdų, pateikiamų į vieną ir kitą akį. Tyrimo tikslas – ištirti abiakės konkurencijos reiškinio vidutinio dominavimo laiko priklausomybę nuo pateikiamų stimulų mirksėjimo dažnio. Į abi akis buvo pateikiami milisekundžių dažniu mirksintys stimulai ir tirta, ar nuo stimulo mirksėjimo dažnio priklauso vidutinis dominavimo laikas. Šią sąveiką tyrimo rezultatai patvirtino. Taip pat nustatėme, kad vidutinio dominavimo laiko priklausomybės nuo stimulo mirksėjimo dažnio funkcija nėra monotoninė: jai būdingi ekstremumai, dažniausiai pasitaikantis atstumas tarp artimiausių ekstremumų yra 5–12 ms. Ekstremumų taškų padėtis mirksėjimo dažnio skalėje nėra stabili.Pagrindiniai žodžiai: suvokimas, akių konkurencija, laikinės charakteristikos.Temporal Features of Binocular Rivalry Donatas Noreika, Algimantas Švegžda, Rytis Stanikūnas, Vygandas Vanagas, ...
Journal of Thermophysics and Heat Transfer, 2011
T o date, the Extraordinary Chambers in the Courts of Cambodia (ECCC) has denied all motions for ... more T o date, the Extraordinary Chambers in the Courts of Cambodia (ECCC) has denied all motions for pre-trial release. On July 31, 2007 the reputed commandant of the central security prison (S-21) of Democratic Kampuchea (popularly known as the "Khmer Rouge regime"), Kaing Guek Iev, was transferred into ECCC custody from the military prison of Phnom Penh where he had been held without trial for eight years prior on orders from the Military Tribunal of the Kingdom of Cambodia (Military Tribunal). The Co-Investigating Judges (CIJs) promptly ordered Kaing's pre-trial detention. On December 3, 2007 the Pre-Trial Chamber (PTC) denied Kaing's appeal. Noun Chea, the Democratic Kampuchea's alleged Communist Party of Kampuchea (CPK) Secretary and presumed second in command to Pol Pot, was the first person arrested directly on orders by the ECCC. On March 20, 2008 the PTC rejected Noun's appeal of a CIJ order for his pre-trial detention. Similarly, on orders of the ECCC, Ieng Thirith, Democratic Kampuchea's Minister of Social Affairs (Action), and Ieng Sary, Democratic Kampuchea's Deputy Prime Minister for Foreign Affairs were arrested and ordered to pre-trial detention. The PTC rejected appeals against pre-trial detention in both cases in decisions on July 9 and October 17, 2008, respectively. Finally, on November 19, 2007, the ECCC also arrested Khieu Samphan, who had allegedly held numerous high-level positions within Democratic Kampuchea. Khieu filed an appeal with the PTC, which was later withdrawn as part of defense counsel's pre-trial strategy, but subsequently filed an additional appeal requesting his release on the basis of an alleged abuse of process. Despite Khieu's appeals, the decision by the CIJs to detain has stood throughout the process.
Journal of Human Rights Practice, Nov 1, 2011
This paper explores the recent change of legal status of the solicitation of sex services in Camb... more This paper explores the recent change of legal status of the solicitation of sex services in Cambodia brought about by the recently adopted Law on Suppression of Human Trafficking and Sexual Exploitation. In Cambodia, the practices associated with the government’s handling of the issue of prostitution are well-entrenched and are proving to be resilient in the face of the changing laws. Amidst the stalemates and confusion that abound as a result, Cambodia’s sex workers find their rights compromised and at times trampled. Non-governmental services expected to assist the sex workers in the restoration of their rights often exacerbate their plight.
International Community Law Review, 2007
ABSTRACT
International Criminal Law Review, 2011
Th is article examines the issue of the exercise of judicial discretion in deciding motions for p... more Th is article examines the issue of the exercise of judicial discretion in deciding motions for pre-trial release at the Extraordinary Chambers in the Courts of Cambodia (ECCC) through a comparative prism of other existing and past International Criminal Tribunals (ICTs). Th e issue of pre-trial detention has been one of the most contentious in international criminal justice, with many questioning the ICTs' insistence on abiding by the self-imposed principle of "detention is the rule, pretrial release is the exception". Th is article off ers an answer to the question of the extent to which the relevant statutory pronouncements have led to the creation of the foregoing principle, and the extent to which such has been achieved by the statutorily prescribed or the extra-statutory exercise of judicial discretion. Further, this article examines the extent to which the relatively newly established ECCC have followed the patterns of judicial discretion in deciding motions for pre-trial release created by its predecessors.
Journal of Labelled Compounds and Radiopharmaceuticals, Feb 28, 2011
This paper encapsulates an in-depth examination of the legality of the authority invoked by the E... more This paper encapsulates an in-depth examination of the legality of the authority invoked by the Extraordinary Chambers in the Courts of Cambodia (ECCC) to create a set of rules of procedure and evidence known as the Internal Rules (IRs). In the void of public information pertaining to the ECCC's rationale for creating the IRs, this paper, in part, seeks to reconstruct the relevant judicial arguments and, to the greater extent, focuses on answering the question of which of the arguments put forward during the adoption process of the IRs should have been but were not entertained and accepted by the judicial panel to ensure the legality of the actions associated with the creation of the IRs. To this end, the paper extracts a statutory test which is used as the litmus test of the provisions of the IRs analyzed throughout the narrative. The application of this test, in the end, results in the separation of the provisions of the IRs ab initio identified as suspect into those for the adoption of which authority exists at the international level and those which the ECCC has invented ultra vires the law on the establishment of the ECCC and applicable international standards.
Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example... more Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example of the rule of law by breaking the law?
Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example... more Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example of the rule of law by breaking the law?
Journal of Human Rights Practice, 2011
This paper explores the recent change of legal status of the solicitation of sex services in Camb... more This paper explores the recent change of legal status of the solicitation of sex services in Cambodia brought about by the recently adopted Law on Suppression of Human Trafficking and Sexual Exploitation. In Cambodia, the practices associated with the government’s handling of the issue of prostitution are well-entrenched and are proving to be resilient in the face of the changing laws. Amidst the stalemates and confusion that abound as a result, Cambodia’s sex workers find their rights compromised and at times trampled. Non-governmental services expected to assist the sex workers in the restoration of their rights often exacerbate their plight.
International Journal of Comparative and Applied Criminal Justice, 2010
ABSTRACT
International Criminal Law Review, 2011
This article examines the issue of the exercise of judicial discretion in deciding motions for pr... more This article examines the issue of the exercise of judicial discretion in deciding motions for pre-trial release at the Extraordinary Chambers in the Courts of Cambodia (ECCC) through a comparative prism of other existing and past International Criminal Tribunals (ICTs). The issue of pre-trial detention has been one of the most contentious in international criminal justice, with many questioning the ICTs' insistence on abiding by the self-imposed principle of "detention is the rule, pretrial release is the…
International Community Law Review, 2007
ABSTRACT
Journal of Labelled Compounds and Radiopharmaceuticals, Feb 28, 2011
This paper encapsulates an in-depth examination of the legality of the authority invoked by the E... more This paper encapsulates an in-depth examination of the legality of the authority invoked by the Extraordinary Chambers in the Courts of Cambodia (ECCC) to create a set of rules of procedure and evidence known as the Internal Rules (IRs). In the void of public information pertaining to the ECCC's rationale for creating the IRs, this paper, in part, seeks to reconstruct the relevant judicial arguments and, to the greater extent, focuses on answering the question of which of the arguments put forward during the adoption process of the IRs should have been but were not entertained and accepted by the judicial panel to ensure the legality of the actions associated with the creation of the IRs. To this end, the paper extracts a statutory test which is used as the litmus test of the provisions of the IRs analyzed throughout the narrative. The application of this test, in the end, results in the separation of the provisions of the IRs ab initio identified as suspect into those for the adoption of which authority exists at the international level and those which the ECCC has invented ultra vires the law on the establishment of the ECCC and applicable international standards.
The Bougainville Peace Agreement did not bring the peace to Bougainville many had hoped for. It b... more The Bougainville Peace Agreement did not bring the peace to Bougainville many had hoped for. It brought a stalemate of lawlessness presided over by a weak unarmed autonomous government that tries to navigate its way around the armed gangs formed from the residue of the civil war. The gangs control the half of the island which houses one of the world's largest deposits of copper and gold, the Panguna mine. This paper offers a close look at these gangs and seeks to answer the questions of (1) how each gang relates to the mine through the traditional rules of land tenure; (2) how much control each gangs exercises over the mine and (3) what each gang's views on reopening of the mine are.
Asian Journal of Comparative Law, 2009
This article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian c... more This article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian criminal law, has changed with the passage of the new criminal legislation and whether this change is positive or otherwise. The quality of this change, henceforth, will demonstrate to the reader whether the overall reform of the juvenile justice component of Cambodia's criminal justice system, which has spanned over the last 15 years and has been funded by the international community, has been a success. The author has limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile victims and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than 'practice notes' which have yet to develop.
Psichologija, 2008
Abiakė (binokulinė) konkurencija (angl. binocular rivalry) – tai suvokimo reiškinys, kai sąmoning... more Abiakė (binokulinė) konkurencija (angl. binocular rivalry) – tai suvokimo reiškinys, kai sąmoningas suvokimas pakaitomis persijunginėja tarp dviejų vaizdų, pateikiamų į vieną ir kitą akį. Tyrimo tikslas – ištirti abiakės konkurencijos reiškinio vidutinio dominavimo laiko priklausomybę nuo pateikiamų stimulų mirksėjimo dažnio. Į abi akis buvo pateikiami milisekundžių dažniu mirksintys stimulai ir tirta, ar nuo stimulo mirksėjimo dažnio priklauso vidutinis dominavimo laikas. Šią sąveiką tyrimo rezultatai patvirtino. Taip pat nustatėme, kad vidutinio dominavimo laiko priklausomybės nuo stimulo mirksėjimo dažnio funkcija nėra monotoninė: jai būdingi ekstremumai, dažniausiai pasitaikantis atstumas tarp artimiausių ekstremumų yra 5–12 ms. Ekstremumų taškų padėtis mirksėjimo dažnio skalėje nėra stabili.Pagrindiniai žodžiai: suvokimas, akių konkurencija, laikinės charakteristikos.Temporal Features of Binocular Rivalry Donatas Noreika, Algimantas Švegžda, Rytis Stanikūnas, Vygandas Vanagas, ...