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Human Rights in Criminal Proceedings

Stefan Trechsel, with the assistance of Sarah Summers

Oxford University Press, 2005


Human Rights in Criminal ProceedingsInterest 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.

Table of Contents



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 Privilege 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


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Page last updated on 23 April 2020

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