Interest in human rights has grown enormously overthe past fifty years. But while the media focus mainlyon dramatic issues such as unlawful killings, torture,disappearances, or free speech violations, institutionscharged with the implementation of human rights(as set out in international treaties) spend a great dealof their time dealing with alleged violations that takeplace during criminal proceedings.And in the futuresuch issues will become even more important as aresult of the increasing internationalization of theadministration of criminal justice.In this book, the case-law of the most importantand influential international bodies dealing withsuch issues is presented and critically examined byan author who has spent almost a quarter of acentury contributing to its evolution. The EuropeanCommission and the European Court of HumanRights, in particular, have accumulated aconsiderable quantity of case-law,which is ofparticular interest because of its applicability in bothAnglo-Saxon and Continental systems of criminalprocedure. The law of the European Convention isemphasized because of its advanced procedures andthe 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 criminallaw and human rights.
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 ; 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