During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid 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.
The book will be of interest to all scholars, practitioners, and students of international criminal law.
Stefan Trechsel is Professor of Criminal Law and Procedure at the University of Zurich, and a former President of the European Commission of Human Rights.
Acknowledgements ; Table of Cases ; List of Abbreviations ; I INTRODUCTION ; 1. About this Book ; 2. The Scope and Application of the Right to a Fair Trial in Criminal Matters ; II 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 ; III 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 ; IV 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 Special Rights of Persons Detained on Remand ; 20. Other Fundamental Rights Affected by Criminal Proceedings ; SELECT BIBLIOGRAPHY ; INDEX