Principles Of Procedure Research Articles

Ethics in social listening in infodemic management in health emergencies

Abstract Issue During the COVID-19 pandemic and subsequent outbreaks, health organizations have increased the use of social listening to inform infodemic management and outbreak response activities. This demonstrated the need to provide ethical guidance to organizations, and individuals engaging in social listening practices before, during and after public health emergencies, whilst protecting human rights. Description of the problem Social listening as a public health activity draws on analysis of conversations in social media, internet platforms, and feedback from geographically localized communities. Infodemic insights are generated rapidly, to support agile action by health organizations that improves outbreak response, health information delivery, community engagement, or reduction of unintended harm experiences by communities. Social listening involves use of social media and internet trace data, which were traditionally not used in public health for understanding community expressions, WHO convened a panel of experts to develop a framework on ethical considerations for social listening in infodemic management to provide recommendations for health authorities and researchers on practical tools that support setting up new data analysis and use of insights hereto not used in routine. Results The guidance framework has been structured into segments that vary from ethical principles and challenges in social listening and generation of infodemic insights, alignment with human rights, substantive principles, procedural principles, and practical guidance for translating these principles into real-world practice. Lessons This guidance aims to illuminate the intricate ethical dimensions of social listening and stress the urgent need for ethical guidance in this realm. The framework is a comprehensive inquiry of the ethical scope in social listening, providing valuable insights, practical guidance, and case studies to enhance understanding of this critical global health issue. Key messages • While essential, social listening and infodemic insights come with ethical risks, including potential harm to populations in vulnerable situations, erosion of trust, and misuse of data. • This ethical framework will govern social listening practices and ensure responsible and ethical social listening.

Increased endothelial cell uptake of erythrocyte-derived extracellular vesicles carrying arginase-1 induces endothelial dysfunction in type 2 diabetes

Abstract Background Recently, we have demonstrated that red blood cells (RBCs) from individuals with type 2 diabetes (T2D-RBCs) induce endothelial dysfunction. However, the mechanism by which RBCs communicate with the vessel is unknown. Extracellular vesicles (EVs) are actively secreted by practically all cell types, including RBCs, and represent a novel mechanism of intercellular communication. However, the involvement of EVs from RBC in the development of endothelial dysfunction remains to be elucidated. Purpose This study was designed to test the hypothesis that EVs are key players in the communication and the transfer of signalling between RBCs and the vascular endothelium to induce endothelial dysfunction in T2D. Methods RBCs from T2D patients and age-matched healthy controls (H-RBCs) were incubated for 18h with Krebs-Henseleit buffer (20% haematocrit) for EV release. RBC-derived EVs in the conditioned medium were isolated using a membrane affinity column. The EVs were co-incubated with mouse aortae to evaluate endothelium-dependent relaxation and with endothelial cells for expression analysis. The uptake of the EVs by endothelial cells and their content of arginase-1 were determined. The functional involvement of arginase was investigated using pharmacological interventions and expression analyses. All animal experiments were performed according to the principles of laboratory animal care (NIH Publication no. 85-23 revised 1985) and human procedures according to the declaration of Helsinki with approval by the Swedish Ethical Review Authority. Results The uptake of EVs derived from T2D-RBCs by endothelial cells was 2-fold greater than that of EVs from H-RBCs (Fig. 1A-B). Inhibiting the uptake of EVs derived from T2D-RBCs by the addition of heparin during the co-incubation rescued the endothelial function (Fig. 1C). Arginase-1 was detected in RBC-derived EVs (Fig. 2A). Arginase-1 mRNA and protein levels were increased in endothelial cells following co-incubation with EVs derived from T2D-RBCs (Fig. 2B-D). Additionally, the increase in arginase-1 protein induced by EVs derived from T2D-RBCs in endothelial cells was observed also following mRNA silencing for arginase-1 (Fig. 2E-F). Finally, mouse aortae co-incubated with EVs derived from T2D-RBCs in the presence or absence of the arginase inhibitor 2(S)-amino-6-boronohexanoic acid significantly attenuated the impairment in endothelial function induced by EVs derived from T2D-RBCs (Fig. 2G). Conclusion Increased uptake of RBC-derived EVs by the endothelial cells is an important feature of the endothelial dysfunction induced by these EVs in T2D. In addition, these EVs carry arginase-1 protein to induce endothelial dysfunction. The mechanism underlying the increased uptake of EVs in target cells is of importance to identify in future studies, as it could lead to new treatment strategies.

Az anyanyelv használatának joga és annak érvényesülése a magyar büntetőeljárásokban

Aim: The goal of this study is to review Hungarian and international legal instruments in order to assess the relevant standards in this field. Enacting proper legal regulations, however, does not necessarily mean that the requirements of language assistance are also enforced in practice. Another goal, therefore, is the review of the relevant caselaw. Methodology: This study reviews the relevant standards through the review of the relevant Hungarian legal regulations, as well as of the applicable human rights and EU legal instruments. The practical enforcement of the right to language assistance is analysed through the caselaw of the Hungarian Constitutional Court and regular courts. Findings: The present Hungarian Criminal procedure code defines the right to language assistance and the use of translator and interpreter in details. The European Convention on Human Rights and the relevant Directive of the EU also regulate this right. After examining the relevant legal standards it becomes apparent that the present Hungarian legal regime provides more rights and offers a higher level of protection than what is required by the European standards. The consistent jurisprudence of the Constitutional Court considers the right to use mother tongue a crucial element of the equality of arms, an essential part of the right to fair trial. The caselaw of courts show that though there are some cases in which appeals also concern the use of mother tongue, the vast majority of these claims are not relevant for the merits of the case. Value: The right to translation and interpretation is one of the main principles of criminal procedure. The right to language assistance is crucial for ensuring fair trial. In summary, the enforcement of the right to use one’s mother tongue meets the standards provided for in legal regulations and the jurisprudence of the Constitutional Court, but in this field continuous analysis is required in order to ensure compliance at all times.

Problems of Legislative Regulation of Confidentiality in Criminal Proceedings

The article discusses the current problems related to the implementation of the principles of criminal procedure, which has a direct impact on ensuring confidentiality and privacy in criminal proceedings, as well as possible ways to resolve them. In addition, the purpose of the scientific research reflected in this article is to develop and predict possible prospects for improving the criminal procedure legislation in the issue under study. The science of criminal procedure points to not a small number of problems and gaps in legislation related to the institute of “secrets”. The most significant problems related to ensuring confidentiality in criminal proceedings include the absence of a legally fixed concept of “secrecy”, “confidentiality” in criminal procedure legislation, a clearly established procedure for protection.

Avalúos inmobiliarios: un estudio de caso sobre el sistema Continental frente al Common Law

We use Colombia as a case study of a situation where emerging real estate valuation practices, mostly based upon the logic of Common Law legal systems, and oriented to market prediction and global standards, collides with a valuation tradition based upon the Continental legal tradition. In this tradition, the valuation process first and foremost must satisfy limiting regulatory checklists. These requirements minimize the value of focusing on market analyses to offer accurate predictions (appraisals). Our analysis builds upon the Laws 9 of 1989 and 388 of 1997, and their corresponding implementation legal enactments (resoluciones), showing that the valuation practice for public purposes determines a logic where appraisers operate as ‘temporary public workers’. Appraisers and their associations (Lonjas) have subsequently transferred such limiting procedural principles to valuation for business purposes, which should be oriented to market analysis and prediction.

The Principles of the Insolvency Procedure in Romania

The insolvency law in Romania is one with tradition, its first form being adopted in 1995. At that time, although no principles were expressly stipulated to govern this procedure, they could somehow be deduced from the interpretation of the legal norms. The legal consecration of the principles of the insolvency procedure can only be found in Law No. 85/2014, still in force today. It should be mentioned that Law no. 216/2022 amended the legal rules regarding the principles applicable to insolvency. These principles can be summarised as follows: encouraging negotiations regarding the prevention of insolvency, maximising the debtor's wealth, enabling effective restructuring, efficiency, reasonableness in the procedure, insolvency of the creditor mass, transparency and predictability, pro rata and pari passu rules, credit risk limitation, the superpriority of financing in the procedure, a representative and fairly assumed reorganisation plan, useful and efficient capitalisation, procedural coordination in the matter of the group of companies and legality control. Keywords: Insolvency; Principles; Rules.

Three-dimensional buckling analysis of stiffened plates with complex geometries using energy element method

A novel numerical method, energy element method (EEM), is proposed for the three-dimensional (3D) buckling analysis of stiffened plates with complex geometries. The problem is formulated in a cuboidal domain, and any complex geometric stiffened plate is modeled by assigning cutouts within the cuboidal domain. The stiffened plate is considered as an energy body and is discretized using Gauss points with variable stiffness properties to simulate its energy distribution. Incorporating the extended interval integration, Gauss quadrature, variable stiffness properties, and Chebyshev polynomials, the strain energy of stiffened plates with complex geometries can be numerically simulated by putting the stiffness and thickness of Gauss points in the cutouts to zero in the cuboidal domain. Using the principle of minimum potential energy and Ritz solution procedure, the deformation and buckling behaviors of stiffened plates with complex geometries can be captured. As a result of the new formulations in EEM, new standard energy functionals and solving procedures have been developed. In addition, Gauss points are generated within the energy elements accounting for the geometric boundaries of the stiffened plate, which are characterized by level set functions. EEM is employed to investigate complex-shaped stiffened plates with straight or curvilinear stiffeners, and the results are compared to those obtained using FEM or mesh-free method. The precision, generalization, and stability of EEM are demonstrated.

PRESUMPTION OF INNOCENCE AND TERMINATION OF CRIMINAL CASES ON NON-REHABILITATING GROUNDS

The principle of the presumption of innocence enshrined in the Constitution of the Republic of Kazakhstan is the main guarantee of respect for individual rights and the implementation of the law. Compliance with this fundamental principle serves as an indicator of the state of legality in society. Despite the significance and relevance of the topic of the presumption of innocence, it still raises many questions related to the interpretation and application of this principle. The article provides a classification of the institution of termination of a criminal case, considers rehabilitating and non-rehabilitating grounds, and identifies the problem of the relationship between the institution of termination of a criminal case on non-rehabilitating grounds and the principle of the presumption of innocence. Various points of view on the relationship between the principle of the presumption of innocence and the institution of termination of criminal cases on non-rehabilitating grounds are examined, and proposals are presented on the conformity of the principle under consideration and the institution of termination of criminal cases on non-rehabilitating grounds. As a result of the conducted research, the author comes to the conclusion that there is no contradiction between the presumption of innocence and the termination of a criminal case on non-rehabilitating grounds. When a criminal case is terminated on non-rehabilitating grounds, the guilt of the person is not established, but the refusal of the criminal prosecution authorities to continue criminal prosecution is established. Keywords: presumption of innocence, principles of criminal procedure, rehabilitating and non-rehabilitating grounds, termination of criminal case, criminal prosecution, guilty verdict, pre-trial investigation.

The principle of ensuring the right to appellate review of a case and, in cases determined by law, to cassation appeal of a court decision as a fundamental (constitutional) principle of Ukrainian justice

This publication is aimed at studying the principle of ensuring the right to appellate review of a case and, in cases specied by law, to cassation appeal as a fundamental constitutional principle of Ukrainian judicial procedure, and at identifying the issues of its interpretation and implementation within the framework of civil proceedings, and at formulating conclusions and proposals aimed at resolving the identied issues and contributing to the improvement of judicial practice. The paper 1-rst denes the signicance of this principle for achieving the tasks of civil procedure and analyzes its place in the system of other principles of civil procedure. It is found that the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal does not compete with other principles of civil procedure, but organically complements them, allowing to correct judicial errors made, thereby guaranteeing the principles of legality, objective truth and others. The analysis of the name of the studied principle revealed a legislative narrowing of its content, used by the indication of the possibility of appealing a «court decision», while other legislative provisions and the practice of civil procedure indicate the possibility of appealing rulings and orders of the court. The e-ectiveness of the legislative approach to the comprehensive nature of the appeal is substantiated, with the exclusivity and extraordinary nature of the cassation review of court decisions that have entered into legal force and the e-ectiveness of existing mechanisms for implementing this provision (a wide range of subjects of the appeal, limitation of the cassation appeal for certain categories of cases, mandatory preliminary appeal of the court decision, etc.). A certain problem was revealed during the analysis of the civil procedure law norm regarding the denition of the objects of appeal in the aspect of its content presentation through the prism of its consistency with the constitutional norm (64 of the Constitution of Ukraine), according to which the limitation of constitutional rights and freedoms of a person and citizen should be provided for by legal norms, therefore, through the prism of consistency with this provision, it would be more logical to establish a prohibition on appeal in relation to each individual judicial act. Legislative work aimed at eliminating certain imperfections in the legal regulation will contribute to a more e-ective implementation of the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal in the practice of civil proceedings.

Identifying the main areas of study of constitutional principles of civil proceedings

The article is devoted to the study of the main areas of research on the constitutional principles of civil proceedings. The researcher addresses the issue more comprehensively and provides some factors that may affect the course of the study. The author analyses the areas which influence the study of the constitutional principles of civil justice. In particular, the author emphasises the trend towards the fundamentalisation of human rights and freedoms. It should be noted that they began to form most clearly immediately after the end of the Second World War when the former liberal ideas underlying the existing legal order were replaced by new values, which became human rights and freedoms. The author proves that only democratic legal procedures and respect for human rights and liberties can be the basis for the activities of modern states and be applied to the judiciary and civil proceedings. The author suggests that numerous international legal documents reflecting the state of development, changes and consolidation of human rights and freedoms, in particular, those which form the model of civil proceedings, are a promising area for analysis. The author argues that the legal phenomenon of the rule of law has a more significant impact than the legislator gives it. The author explains its defining and essential importance for the system of principles, which is a necessary direction for studying the constitutional principles of civil justice. In addition, the author believes that the stage of reform and adaptation which Ukrainian legislation is undergoing as part of its approximation to the EU legislation is important as one of the next areas of research. The impact of constitutional provisions on justice is also significant. The article examines the impact of the Constitution of Ukraine on sectoral legislation and its significance for establishing the scope of civil justice. The article analyses the importance of the rule of law for legislative and law enforcement activities. The author proves the necessity of referring to the category of a system of principles because of their legislative consolidation. The author focuses on the importance of developing clear criteria for classifying a provision as a principle of civil procedure. The author emphasises the need for critical analysis and study of judicial practice to research the constitutional principles of civil procedure.

APLICAÇÃO DOS PRINCÍPIOS DO CÓDIGO DE PROCESSO PENAL NA APURAÇÃO DE ATOS INFRACIONAIS: EQUILÍBRIO ENTRE RESPONSABILIZAÇÃO E CARÁTER PEDAGÓGICO

This paper investigates the process of holding adolescents accountable through the application of socio-educational measures. The objective is to analyze how the principles of the CPP influence the implementation of socio-educational measures provided for by the Child and Adolescent Statute (ECA) and how these practices can harmonize the offender's responsibility with their rehabilitation. The methodology adopted is qualitative, based on the analysis of practical cases and a review of relevant legal literature. The study also reveals that although the CPP provides clear guidelines for holding adolescent offenders accountable, these guidelines are often not sufficiently aligned with practices that emphasize rehabilitation and education. The results indicate that the current application of procedural principles may favor accountability to the detriment of the pedagogical function of the process. The research concludes that it is necessary to improve the application of the CPP principles to better balance the aspects of accountability and education, promoting fairer and more effective justice in the treatment of criminal acts. This improvement aims not only to ensure adequate accountability for adolescents, but also to ensure that the process contributes significantly to their rehabilitation and social reintegration.

Special principles of administrative procedures

Special principles of administrative procedures

The Importance of the Scientific Heritage of N.G. Salischeva for the Development of Principles of the Administrative Procedure

The Importance of the Scientific Heritage of N.G. Salischeva for the Development of Principles of the Administrative Procedure

On some aspects of the WTO Jurisprudence and Dispute Settlement Mechanism

The paper first explores certain aspects of dispute resolution mechanism implemented within the World Trade Organization and then proceeds with the legal analysis of a number of legal presumptions, concepts and principles both of procedural and substantive legal nature developed and applicable within the framework of the above mentioned mechanism for resolving disputes between the WTO member-states. The Paper examines the main features that distinguish the dispute resolution mechanism used within the WTO from the GATT mechanism, which mechanism, i/e/ the one implemented within the WTO framework, is recognized to be more legal in nature in contrast to the more political nature of the GATT dispute resolution mechanism, given that under the GATT mechanism the direct negotiations had more weight in reaching the final settlement than within the WTO system, where formal juridical disciplines, as the practice of dispute settlement indicates, play far more role and has become a key element of the system. Also, certain procedural presumptions and principles applicable in the adjudication process as well as the procedure and feature characteristic for the enforcement of decisions are examined in the paper based on and with reference to the number of panel and Appellate Body decisions. Decisions delivered by panels and the Appelate Body represent a very important tool for the interpretation of the WTO law and shapes the practice of its implementation. In this regard, although it is not considered a formal source, Appelate Body and panel decisions should be considered as an important source of both procedural and substantive WTO law. The DSB practice established under the GATT/WTO law, on the one hand, defines a set of applicable procedural rules and on the other hand, develops the WTO substantive law by way of developing the criteria and rules governing the application of provisions of the WTO agreements and other sources governing rights and obligations of the member-states. Particular attention in this regard is paid to the peculiarities of the application of the principle of responsibility for lawful actions applied in the WTO jurisprudence, under the relevant WTO agreements and more specifically under the GATT, GATS, TRIPS and SCM Agreements. Also a number of procedural concepts the principles e.g. the “prima facie case”, “rational relationship” elaborated in the “Hormone” case, principle of multi-criteria assessment initially applied in «Korea - fresh, chilled and frozen meat» case and negative presumption rule applied by the panels are analysied.

Ethical Considerations in Infodemic Management: Systematic Scoping Review.

During health emergencies, effective infodemic management has become a paramount challenge. A new era marked by a rapidly changing information ecosystem, combined with the widespread dissemination of misinformation and disinformation, has magnified the complexity of the issue. For infodemic management measures to be effective, acceptable, and trustworthy, a robust framework of ethical considerations is needed. This systematic scoping review aims to identify and analyze ethical considerations and procedural principles relevant to infodemic management, ultimately enhancing the effectiveness of these practices and increasing trust in stakeholders performing infodemic management practices with the goal of safeguarding public health. The review involved a comprehensive examination of the literature related to ethical considerations in infodemic management from 2002 to 2022, drawing from publications in PubMed, Scopus, and Web of Science. Policy documents and relevant material were included in the search strategy. Papers were screened against inclusion and exclusion criteria, and core thematic areas were systematically identified and categorized following PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) guidelines. We analyzed the literature to identify substantive ethical principles that were crucial for guiding actions in the realms of infodemic management and social listening, as well as related procedural ethical principles. In this review, we consider ethical principles that are extensively deliberated upon in the literature, such as equity, justice, or respect for autonomy. However, we acknowledge the existence and relevance of procedural practices, which we also consider as ethical principles or practices that, when implemented, enhance the efficacy of infodemic management while ensuring the respect of substantive ethical principles. Drawing from 103 publications, the review yielded several key findings related to ethical principles, approaches, and guidelines for practice in the context of infodemic management. Community engagement, empowerment through education, and inclusivity emerged as procedural principles and practices that enhance the quality and effectiveness of communication and social listening efforts, fostering trust, a key emerging theme and crucial ethical principle. The review also emphasized the significance of transparency, privacy, and cybersecurity in data collection. This review underscores the pivotal role of ethics in bolstering the efficacy of infodemic management. From the analyzed body of literature, it becomes evident that ethical considerations serve as essential instruments for cultivating trust and credibility while also facilitating the medium-term and long-term viability of infodemic management approaches.

Write-off of grants (subsidies) in the context of the principles of administrative and tax procedure and tax risk management

Grants are funds from the state budget, budget of local government units and state purpose funds allocated on the basis of this Act, separate acts or international agreements for financing or co-financing of the implementation of public tasks, subject to specific settlement rules. The Public Finance Act also includes definitions of three types of subsidies: purpose-specific, subject-specific and object-specific. With regard to subsidies, the legislator in the provisions of the Public Finance Act points out that subsidies for local government units and subsidies for tasks specified in separate acts constitute a special purpose for the allocation of expenditures of the state budget and orders to include in annexes to the budget act: a list of units receiving purpose-specific and subject-specific subsidies and amounts of subsidies and the scope and amounts of subject-specific and subject-specific subsidies, defines subsidies (together with subsidies) as a separate group of expenditures of the state budget.

Ensuring Confidentiality and Privacy in Criminal Proceedings: A Comparative Legal Analysis of the Russian Federation and the Republic of Kazakhstan Experience

The paper examines the limitations of personal rights in criminal proceedings, as well as the risks associated with the lack of compliance with security measures due to the unlawful disclosure of preliminary investigation data. During the research, scientific methods such as analysis, comparison, and expert assessment were used. The study resulted in the identification of significant problems in the current criminal procedure legislation of the Russian Federation and the Republic of Kazakhstan in the area of observing the personal rights of a person and citizen, as well as ensuring the confidentiality of criminal case materials. Among these are lack of differentiation of principles establishing inviolability in various spheres of life; lack of a clear mechanism and tools for ensuring confidentiality in criminal proceedings; the optional nature of Article 161 of the Criminal Procedure Code of the Russian Federation, which determines the inadmissibility of disclosing preliminary investigation materials, etc. In studying these problems, possible ways and means of solving them were developed, such as: introducing a special chapter in the Criminal Procedure Code regulating issues of ensuring confidentiality in criminal proceedings; giving an imperative nature to Article 161 of the Criminal Procedure Code of the Russian Federation; differentiation of the principles of criminal procedure in accordance with various spheres of life.

Искусственный интеллект в судебной деятельности — от идеи к применению

The article analyzes the existing definitions of artificial intelligence (AI). The authors examines the impact of AI on key aspects of justice and analyzes current trends related to the use of AI in the judicial system. The article highlights various aspects of the implementation of AI, raising questions about the permissible limits of using AI capabilities in a civil way and possible negative consequences arising in this regard. It is pointed out the need for careful attention to the algorithms used and the objectivity of the data obtained using AI. Attention is paid to the role of judges and society in the context of the use of modern technologies. The authors emphasizes the importance of creating a new legislative regulation of AI, in order to ensure compliance with procedural principles and guarantee proper judicial protection of participants in legal proceedings. The article raises important issues of the use of AI in courts, stimulating discussion of the conditions, directions and boundaries of the use of AI in court proceedings.

Why did Taiwanese Youth Protest in 2014? Emergence of protests from the Perspective of Mobilization Structures and Shared Grievances

The purpose of the paper is to restudy the reasons for youth activism in Taiwan in 2014, which led to the so-called Sunflower Movement. The study is based on desk research and semi-structured interviews and expert interviews conducted by the authors, and in the framework of the Daybreak Project. Additionally the analysis on the social media posts during the movement was conducted. Data were analyzed through the Bert Klandermans’ model on reasons for collective mobilization. The supply side of mobilization was divided into the role of mobilizing structures and the appeal. The demand side was analyzed through: sociopolitical characteristics of the participants; social embeddedness; shared grievances and shared emotions; group identification. The paper assumes that participation in the protests was a result of mobilizational structures – student discussion groups and the sense that the authorities were violating procedural justice principles – mainly in connection with the processing of the CSSTA.

일제 강점기 일본경찰 고문에 대한 연구

The basic principles of the Constitution are stipulated in Article 12 of the Constitution so that they can be implemented in practice through the Criminal Procedure Act. These include the basic principles of criminal procedures, such as the due process principle, warrant principle, prohibition of torture and coercion of unfavorable statements, the law of exclusion of confession and the law of reinforcement of confession, and the notification and notification system of reasons for detention, etc. However, the Japanese police tortured Yu Gwan-sun severely, including hanging her from the ceiling. At the time of his arrest, the stab wound to his side had not been treated and the flesh had rotted away to the point that his hands were bloody. Due to daily beatings, untreated wounds, beatings, and long-term torture, his bladder ruptured and his body deteriorated. Due to the back wound he received in the Manse Movement and the beatings and torture in prison, his bladder ruptured and his body rotted, but he was still considered a felon. The prison’s treatment of him without treatment was the deciding factor that ended his short life. https://namu.wiki (Namu Wiki). It may be a bit difficult to consider the reality at that time in the current legal system, but if you look at it from a historical and criminal law perspective, it is clear that harsh treatment during the investigation process stipulated in criminal procedures and confessions made in illegal circumstances did not serve as evidence of guilt. In addition, the fact that a confession cannot be used as evidence of guilt and punished when it is the only evidence against the defendant was not observed, even though it must be observed to guarantee the right to defense of the suspect and the accused. As mentioned above, I had an indirect experience of violation of basic rights through the death of martyr Yu Gwan-sun. We should not forget that, like martyr Yu Gwan-sun, he was tortured without being guaranteed his basic rights and unable to fully exercise his right to defense as a party. Ji-Hyeon Kang, Hae-Won Kim, Public Law Studies, Volume 22, No. 1, February 2021. In the end, it appears that the Japanese police’s torture of martyr Yu Gwan-sun violated Article 12, Paragraph 1 of the Constitution and Article 309 of the Criminal Procedure Act under the current law. It is presumed that the torture of Yu Gwan-sun at that time involved harsh acts such as an all-night investigation and verbal abuse. This violated human dignity, value, and the right to pursue happiness, and an unfair sentence was imposed due to false confessions through assault and harsh acts during the investigation. It is clear that he received . Acts such as torture constitute illegal acts and there is an obligation to compensate for damages. As explained above, it is clear that the Japanese police violated the ban on torture and violated the constitutional provisions guaranteeing the right to refuse to make statements.