Human Rights in Criminal Proceedings

Paperback | May 4, 2006

byStefan Trechsel, Sarah Summers

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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 internationalconventions 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 aconsiderable 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.

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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 internationalconventions and covenants) most frequently d...

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.
Format:PaperbackDimensions:736 pages, 9.21 × 6.14 × 1.65 inPublished:May 4, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199271208

ISBN - 13:9780199271207

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Table of Contents

AcknowledgementsTable of CasesList of AbbreviationsI Introduction1. About this Book2. The Scope and Application of the Right to a Fair Trial in Criminal MattersII The General Fair Trial Guarantees3. The Right to an Independent and Impartial Tribunal4. The General Right to a Fair Trial5. The Right to a Public Hearing6. The Right to be Tried Within Reasonable TimeIII The Specific Rights of the Defence7. The Right to be Presumed Innocent8. The Right to be Informed of the Accusation9. Adequate Time and Facilities10. The Right to Defend Oneself and Have the Assistance of Counsel11. The Right to Test Witness Evidence12. The Right to the Free Assistance of an Interpreter13. The Privelige Against Self-incrimination14. The Right to Appeal15. The Right to Compensation for Wrongful Conviction16. The Protection Against Double-JeopardyIV Measures of Coercion17. Liberty and Security of Person: The Rules on Imprisonment18. The Rights Guaranteed to all Persons Deprived of their Liberty19. The Special Rights of Persons Detained on Remand20. Other Fundamental Rights Affected by Criminal ProceedingsSelect BibliographyIndex

Editorial Reviews

`...exceptionally comprehensive and insightful ... pursues the many subtle questions down to the last detail... the author proceeds by weighing up the questions carefully. One notices it at every turn: Trechsel is aware that the nature of his subject requires him, in the balancing of extremepositions, to walk something of a tightrope..He distinguishes himself on the one hand from human rights activists who would like human rights to take priority over everything else and on the other from the representatives of the member states (governments) and their institutions...He sets out hisbeliefs in reform and in the fundamental importance of the procedural rights of those involved in legal proceedings... Trechsel's work will soon be at the forefront of books to be consulted in questions concerning the ECHR.' 'Nicolas Schmid, Schweizerische Zeitschrift fur Strafecht (The Swiss Journal for Criminal Law)