Details
The subject is of prime importance to the development of international criminal law
Covers the case-law of the European Court of Human Rights, the International Committee of Human Rights, the Inter-American Court, and the International Criminal Tribunals
Extensively indexed and suitable for legal practitioners and students
In addition to the case-law, the author examines scholarly writing in five languages
Winner of the ASIL Certificate of Merit award 2005
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.
Readership: Practitioners, judges, academics and students dealing with criminal procedure as well as constitutional law; International criminal lawyers.
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
Stefan Trechsel, Professor of Criminal Law and Procedure at the University of Zurich, and a former President of the European Commission of Human Rights
Sarah Summers
Review(s) from previous edition
"...Trechsel has succeeded in presenting detailed interpretations of the jurisprudence,which display an impressively knowledgeable and credible analysis of human rights in criminal proceedings... a very significant enrichment of the literature on criminal procedural law... - Karsten Gaede, HRRS
"...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 extreme positions, 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 his beliefs 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 für Strafecht (The Swiss Journal for Criminal Law)
