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LOS PRINCIPALES TIPOS DE DESIGNACIÓN DEL PERSONAL JUDICIAL

In document Teoria de La Constitucion-karl Loewenstein (página 120-125)

Once data had been collected, the next stage of the research project was to analyse it. To analyse the interviews, I mainly used the 'meaning condensation' methods after indentifying themes suggested by Kvale, who defines the technique thus: "meaning condensation; entails an abridgment of the meaning expressed by the interviewees into shorter formulation. Long statements are compressed into briefer statements in which the main sense of what is said is rephrased in a few words" (2009 p.205).

Based on this definition, Kvale highlights the following five steps in utilising this approach; firstly, the whole of interview transcript should be read once to establish the main ideas; secondly, the exact words of the subjects are identified by the researcher; thirdly, a main theme is assigned to each response by the researcher without bias; fourthly, meaning units should be related to the purpose of the study, which can be done by reminding oneself of its main questions; fifthly; the researcher gives a relevant description to each theme.

Before commencing the process of analysis, I recorded the interview digitally. I then listened once to each recording to get a sense of the whole. Next, I began a transcript of the interview, translating from Arabic to English as I went along. However, the Brighton recordings were transcribed verbatim. However, there were a few interviewees in Riyadh who refused to be recorded, so I had to write the whole of the conversation on paper and then type it up. The next step was to identify the main themes that emerged from interviewees' responses. Sometimes, themes could be determined though the use of repeated words. I used different coloured pens to mark relevant themes, from which I was able to identify meaning units as they emerged from the text. Finally, I gave an appropriate title to each theme with each having a sub-theme. Under each of them, I

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made a short introduction, and then related then to arguments from authors. After that, I suggested solutions that could resolve difficulties highlighted in the interviews.

It is important here to highlight several methodological issues encountered when translating the interviewees' interviews. Culturally and linguistically, English and Arabic are two different languages and thus translating the interviewees’ views from Arabic to English was a significant challenge. Regmi et al (2010) argue that translating qualitative data across language is a challenge that requires competency in both languages. As a researcher who developed the theoretical framework for this inquiry in English and also as an Arabic speaker, I was able to translate the interviewees’ interviews from Arabic onto English. It must be acknowledged that I had to check with another English speaker about my translation of specific concepts that I had in the interviewees’ data to validate the translation accuracy.

Data obtained from documents (books, articles, and case laws) was used throughout the study, from developing the rationale of the study, reviewing the literature, analysing the documents and writing up the findings and analyses. From the start of the study, all the different documents that I was able to access about international human rights laws, pre- trial procedure in England and Wales, and Saudi Arabian pre-trial procedure were analysed. On obtaining data from the interviews, the analysed data obtained from the documents was then linked to emerging themes and patterns.

6.6. Trustworthiness.

Trustworthiness has to be established though the reflexivity of the researcher, the use of an appropriate methodology, instrument representation, and the approach to data collection (Flyvbjerg 2006). Yin (2009) suggested that the rigorousness of qualitative research has to be formulated at the level of data collection, where different tools and resources are used to complement each other in order to safeguard rigour, and though good practice. Trustworthiness within this study is applied at different group as way of evaluating the validity and rigour of the whole research process from start to finish.

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More than six months were spent on the fieldwork. This helped me to gain an understanding of the different issues that the interviewees had to deal with on a daily basis. Working with the Ministry of Interior for more than 17 years also allowed a relationship of trust to be established with the interviewees, and thus they could act more naturally and speak freely. My work with 21 -criminal cases panels- which included police officers- had allowed me to further understand the pre-trial procedure clearly and to more easily gauge how accurate interviewees’ responses were. Furthermore, the data was collected through documents, and the interviews. These different tools were used to construct reality from different sources, which could then be triangulated in the analysis stage. In addition, interviews were conducted with 9 interviewees in England and Wales, and 25 interviewees in Saudi Arabia, with different groups involved in the pre-trial procedure in different roles. These viewpoints, which were sometimes at odds with each other, allow me to gain more credible information.

Another measure for establishing trustworthiness was through the way in which participants were recruited. All the participants who took part in this study were volunteers from various stages of the fieldwork. Although, there was a purpose in selecting different groups- arresting officers, investigating officers, prosecutors and lawyers- this helped to minimise the bias in this study. Also, none of the interviewees were forced to take part; they also had the option of refraining from the answering any question with which they felt uncomfortable and that also built a trusting rapport.

Although, initially there was some mistrust among the participants, which I had to cross out from the study. I had suspicion from the information I had been given from one police officer and one from the prosecutors in Saudi Arabia, which I had to focus on with the others officers, prosecutors, and lawyers to find the truth that this study was seeking for. However, all the interviewees in this study contributed willingly and provided genuine and honest information.

35 6.7 How the interview data was used in the thesis.

The data obtained from the interviews was used to highlight points about how pre-trial procedures are actually carried out by the police. Quotations from the interview transcripts were extracted to illustrate specific points, such as whether detainees were allowed to have legal representation; and this allowed the answers from English and Saudi officers to be contrasted. The data was also used to construct a general impression of the culture that exists in the two police stations investigated. For example, the interview data was used to illustrate how the culture in Saudi police stations is one of 'following precedent' whereby officers do what their predecessors did and that this is seen as more important than following regulations in the CCP. This was contrasted with the culture observed in the English police station, where things are done 'by the book'. The data obtained from Saudi Arabia is unique in that the researcher found no other study in which police practice in that country has been investigated in this way.

The data acquired thus acted in two ways. In the case of England and Wales, the researcher was coming from a different culture and had no specific views on what to expect; thus, the interviews allowed an insight into police procedures both from the point of view of the police and that of the lawyers. This was important in informing the investigation into each of the human rights relating to pre-trial procedures such as the right to silence where the police and the lawyers having different interests – solving the crime and protecting the suspect. In contrast, having worked in police stations in Saudi Arabia, the researcher anticipated that regulations would not be followed by the police and the interviews served to confirm the extent to which this was the case. As will be seen, the study highlights just how far regulations are not just flouted but even unknown by the police in Saudi Arabia. Most of the interviewees were totally unaware about the Code of Criminal Procedure(CCP), they thought it vague and difficult to apply. That led the researcher to believe that there was an urgent need to change the CCP to be more applicable and that enforcement officers needed to be trained to apply it. Furthermore, the interviews showed that there was no effective way to obtain the right to an effective remedy. Before the interviews, I had thought being able to claim against a police assault

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would be a basic right to find in any country. However, the interviews revealed that in Saudi Arabia even the police and prosecutors have no clear idea about how someone could claim as the CCP neglected that right. Also there was no monitoring of custody in the Saudi police stations as the CCP also remains silent about that. As data such as this emerged from the interviews, it confirmed the central idea of this thesis that the CCP needs to be change and enforcement officers should be monitored and trained to be compatible with Islamic law and intentional human rights norms

In document Teoria de La Constitucion-karl Loewenstein (página 120-125)