Human rights in criminal proceedings

書誌事項

Human rights in criminal proceedings

Stefan Trechsel ; with the assistance of Sarah J. Summers

(Collected courses of the Academy of European Law = Recueil des cours de l'Académie de droit européen, v. 12/3)

Oxford University Press, 2005

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注記

"Academy of European Law, European University Institute"

Includes bibliographical references (p. [562]-581) and index

内容説明・目次

内容説明

Interest in human rights has grown enormously over the past fifty years. But while the media focus mainly on dramatic issues such as unlawful killings, torture, disappearances, or free speech violations, institutions charged with the implementation of human rights (as set out in international treaties) spend a great deal of their time dealing with alleged violations that take place during criminal proceedings.And in the future such issues will become even more important as a result of the increasing internationalization of the administration of criminal justice. In this book, the case-law of the most important and influential international bodies dealing with such issues is presented and critically examined by an author who has spent almost a quarter of a century contributing to its evolution. The European Commission and the European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law,which is of particular interest because of its applicability in both Anglo-Saxon and Continental systems of criminal procedure. The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law, however the author also gives considerable coverage to the application of the International Covenant on Civil and Political Rights and the American Convention on Human Rights. The book will be of interest to all scholars, practitioners, and students of international criminal law and human rights.

目次

  • Acknowledgements
  • Tables of Cases
  • List of Abbreviations
  • PART ONE: INTRODUCTION
  • 1. About this Book
  • 2. The Scope and Application of the Right to a Fair Trial in Criminal Matters
  • PART TWO: THE GENERAL FAIR TRIAL GUARANTEES
  • 3. The Right to an Independent and Impartial Tribunal
  • 4. The General Right to a Fair Trial
  • 5. The Right to a Public Hearing
  • 6. The Right to be Tried Within Reasonable Time
  • PART THREE: THE SPECIFIC RIGHTS OF THE DEFENCE
  • 7. The Right to be Presumed Innocent
  • 8. The Right to be Informed of the Accusation
  • 9. Adequate Time and Facilities
  • 10. The Right to Defend Oneself and Have the Assistance of Counsel
  • 11. The Right to Test Witness Evidence
  • 12. The Right to the Free Assistance of an Interpreter
  • 13. The Privelige Against Self-incrimination
  • 14. The Right to Appeal
  • 15. The Right to Compensation for Wrongful Conviction
  • 16. The Protection Against Double-Jeopardy
  • PART FOUR: MEASURES OF COERCION
  • 17. Liberty and Security of Person: The Rules on Imprisonment
  • 18. The Rights Guaranteed to all Persons Deprived of their Liberty
  • 19. The Rights of Persons Detained on Remand
  • 20. Other Fundamental Rights Affected by Criminal Proceedings
  • Select Bibliography
  • Index

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