'Calling the Judiciary to Account for the Past: Transitional Justice and Judicial Accountability in Nigeria'

Institutional and individual accountability is an important feature of societies in transition from conflict or authoritarian rule. The imperative of accountability has both normative and transformational underpinnings in the context of restoration of the rule of law and democracy. This article argues a case for extending the purview of truth-telling processes to the judiciary in postauthoritarian contexts. The driving force behind the inquiry is the proposition that the judiciary as the third arm of government at all times participates in governance. To contextualize the argument, I focus on judicial governance and accountability within the paradigm of Nigeria’s transition to democracy after decades of authoritarian military rule.

'Travails of Truth: Achieving Justice for Victims of Impunity in Nigeria”'

Following its transition to democracy from an authoritarian military rule marked by gross violations of human rights, Nigeria established the Human Rights Violations Investigations Commission (HRVIC) in 1999. This paper critically examines the contributions of the HRVIC, popularly known as the ‘Oputa Panel,’ to the field of transitional justice and the rule of law. It sets out the process of establishing the Commission, its mandate and how this mandate was interpreted during the course of the Commission’s work. The challenges faced by the Oputa Panel, particularly those that relate to its legal status and relationship with the judiciary, are analyzed in an attempt to draw useful guidelines from these challenges for other truth commissions. Recourse by powerful individuals to the judicial process in a bid to shield themselves from the HRVIC merits particular review as it raises questions regarding the transformation of the judiciary and the rule of law in the wake of an authoritarian regime.

Restorative Justice as a Response to Sexual Offending – Addressing the Failings of Current Punitive Approaches

This article explores the use of restorative justice as a response to sexual crime. The management of high risk sex offenders, particularly in the community post-release, has been a key focus of contemporary popular and political debates on sexual offending. Many offenders fail to come to the attention of the criminal justice system. For those that do, there is the almost blanket application of recent control in the community measures such as sex offender registries and community notification which have failed to prevent reoffending. The response by the media and the public to the presence of sex offenders in the community may also impede offender rehabilitation. The use of punishment alone via formal criminal justice is, therefore, an inadequate deterrent for sexual crimes. Although controversial, this article advocates the use of restorative practices with sexual crime as a proactive, holistic response to the problem and ultimately as a more effective means of reducing the incidence of sexual offences and sex offender recidivism.

Hillsborough: The Truth

Hillsborough: The Truth was first published in 1999 to universal acclaim. Established as the definitive, unique account of the disaster, in which 96 men, women and children died, hundreds were injured and thousands traumatised, it details the appalling treatment endured by the bereaved and survivors in the immediate aftermath and the inhumanity of the identification process. It reveals the inadequacies of the police investigations, official inquiries and inquests, uncovering the systematic review and alteration of South Yorkshire police statements conducted with the approval of police investigators and Lord Justice Taylor’s inquiry. It examines in depth the subsequent private prosecution and trial of two senior police officers in 2000. Using verbatim accounts, Scraton's detailed analysis demonstrates the inadequacy of legal processes and the remarkable breadth of judicial discretion, undermining and inhibiting such cases.

Powerful, disturbing and harrowing, Hillsborough: The Truth exposes the institutional complacency that made a tragedy on this scale inevitable. It shows the law’s failure to provide appropriate means of access, disclosure and redress for those facing the consequences of institutional neglect and personal negligence. And it tells how ordinary people suffer when those in authority sacrifice truth and accountability to protect their reputations. In this new edition Scraton reflects critically on two decades of policy and legal reform including crowd safety and inquest procedure and on the continuing struggles of the bereaved and survivors who have campaigned relentlessly for truth, acknowledgment and justice.