scholarly journals Russian tradition ensuring the right to a fair trial

2016 ◽  
Vol 3 (2) ◽  
pp. 221-226
Author(s):  
A A Tymoshenko
Keyword(s):  
Fair Trial ◽  
Criminal Proceedings ◽  
National Legislation ◽  
The Law ◽  
The Right

The author based on the analysis of monuments of national legislation comes to a conclusion about the presence in Russia of their traditions to ensure the right to a fair trial. The criterion of fairness of the criminal proceedings is not only the law, but its application in practice. Forming enforcers proper attitude toward the law will ensure proper implementation at criminal proceedings of the rights and freedoms of man and citizen.

The Right to a Fair Trial in International Law

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
International Law ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
Human Right ◽  
The World ◽  
The Law ◽  
The Right

This book brings together the diverse sources of international law that define the right to a fair trial in the context of criminal proceedings. It aims to make the law accessible to counsel and meaningful to victims in courtrooms all over the world. By focusing on what the right to a fair trial means in practice, it seeks to bring to life the commitment made by over 170 states parties to the ICCPR. The book is subdivided into 14 substantive chapters each dealing with one component of the right to a fair trial. Each chapter collates and analyses international sources, highlighting both consensus and division in the international jurisprudence. The book aims to be the global reference for the most frequently litigated human right in the world.

12 Right to Equality

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Fair Trial ◽  
Equal Treatment ◽  
Equal Protection ◽  
Political Rights ◽  
Criminal Proceedings ◽  
Foreign Nationality ◽  
The Law ◽  
The Right ◽  
Procedural Rights ◽  
Equality Of Access

This chapter focuses on the right to equality before courts and tribunals, which requires that all parties to criminal proceedings are treated without discrimination. The right underlies the rule of law. It is codified in Article 14(1) of the International Covenant on Civil and Political Rights (ICCPR), which provides ‘[a]ll persons shall be equal before the courts and tribunals’. It is also enshrined in Article 14(3), which refers to the minimum guarantees of a fair trial ‘in full equality’. This chapter considers three areas in which the right to equality before courts and tribunals may arise in criminal proceedings: equality of treatment, equality of arms, and equality of access. In terms of equal treatment, Article 26 of the ICCPR provides ‘that all persons are equal before the law and are entitled to equal protection of the law without discrimination, and that the law shall guarantee to all persons equal and effective protection against discrimination on any of the enumerated grounds’. These grounds include ‘race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status’. Equality of treatment applies to all individuals, not just to defendants, and requires equal treatment by all organs of the state, not just judicial authorities. Meanwhile, equality of arms ensures that the same procedural rights are to be provided to all the parties to a case, ‘unless distinctions are based on law and can be justified on objective and reasonable grounds, not entailing actual disadvantage or other unfairness to the defendant’. It does not necessarily require mathematical equality between the prosecution and the defence. Equality of access issues may arise in criminal proceedings when a defendant’s access to court is hindered because of his detention, disability, or his foreign nationality, or when a defendant is forced to be tried before a military or special court rather than having access to a regular civilian court. The right to equality before courts and tribunals has been used relatively infrequently to vindicate fair trial violations, which may in part be attributed to the challenges of proving discrimination.

ANONIMNI SVEDOCI I ZAŠTITA LjUDSKIH PRAVA

2021 ◽  
pp. 277-296
Author(s):  
Veljko Turanjanin ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
Step Test ◽  
European Convention ◽  
Criminal Proceedings ◽  
National Legislation ◽  
European Court ◽  
The Right ◽  
Insufficient Knowledge

Тhe author deals with the problem of anonymous witnesses in the context of the right to a fair trial in the jurisprudence of the European Court of Human Rights. One of the problems in the application of Article 6 of the European Convention on Human Rights is related to the testimonies of anonymous witnesses in criminal proceedings. The case law of the European Court of Human Rights has developed certain criteria that must be followed in national legislation, but it is obvious that there is insufficient knowledge regarding this problem, as well as the reluctance to apply the mentioned rules. The standards developed by the ECtHR are very important for national laws and jurisprudence. The author explains the development of a three-step test that needs to be examined when assessing a violation of the right to a fair trial, through an analysis of a multitude of judgments, in order to provide guidance on the application of Article 6 § 3 (d) of the European Convention on Human Rights. After introductory considerations, the author explains who can be a witness under the Convention, since this question is raised independently of national legislation, and then explains the right to examine witnesses, the admissibility of testimonies by anonymous witnesses and the examination of the three-stage test, and gives concluding remarks.

scholarly journals Comment: The Preliminary Inquiry in Ethiopia and Its Adverse Impact on the Rights of the Accused

2020 ◽  
Vol 14 (1) ◽  
pp. 150-160
Author(s):  
Wondwossen Demissie Kassa
Keyword(s):  
Attorney General ◽  
Criminal Procedure ◽  
Fair Trial ◽  
Adverse Impact ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Unique Nature ◽  
The Law ◽  
The Right

Whether preliminary inquiry should be conducted following completion of criminal investigation was one of the issues that arose in criminal proceedings of leaders of some opposition parties who were arrested (in June and July 2020) following the assassination of Hachalu Hundessa. The Court accepted the request of the Office of the Attorney General for the holding of preliminary inquiry. While the request of the Office of the Attorney General and the ruling of the court are consistent with the 1961 Criminal Procedure Code, in view of the unique nature of the Ethiopian Preliminary Inquiry, both the request and the ruling adversely affect the right of the accused to a fair trial. The application of the law regulating preliminary inquiry would be a departure from the principle of equality of arms and the right of the accused to confrontation, both of which are elements of the right to a fair trial. It is argued (in this comment) that using evidence obtained during preliminary inquiry against the accused is inconsistent with the FDRE Constitution and relevant international legal instruments.

scholarly journals Principle of the Rule of Law in the Case-law of the European Court of Human Rights

1970 ◽  
pp. 373-379
Author(s):  
Tetiana Tsuvina
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Fair Trial ◽  
Court Decisions ◽  
Legal Certainty ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
European Court ◽  
The Law ◽  
The Right

The article is devoted to the interpretation of the principle of rule of law in the practice of the European Court of Human Rights. The concept of the rule of law, along with democracy and human rights makes up the three pillars of the Council of Europe and is endorsed in the Preamble to the ECHR. The Preamble to the ECHR states that the governments of European countries are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law. The rights most obviously connected to the rule of law include: the right of access to justice, the right to a fair trial, the legal principle that measures which impose a burden should not have retroactive effects the right to an effective remedy, anyone accused of a crime is presumed innocent until proved guilty etc. The author concludes that there is an expediency of grouping separate requirements of the rule of law in the practice of the ECtHR around concepts, which are concluded to be elements of the rule of law in a democratic society. Such elements of the rule of law in the practice of the ECHR are recognized as legality, legal certainty, fairness of a trial and the priority of human rights. Legality supposes that authorities need a legal basis for measures which interfere with a right of an individual, as well as quality requirement for the law such as accessibility, foreseeability and no arbitrariness. Legal certainty encompasses foreseeability in application of the law; non-retroactivity of legislation; the principle of res judicata; mandatory execution of court decisions and consistency of judicial practice. Fair trial requirements devoted into two groups: general requirements (access to court, independent and impartial tribunal, execution of court decisions etc.) and requirements for criminal proceedings (presumption of innocence, principle nullum crimen sine lege etc.) It is noted that the legality, legal certainty, fairness of a trial are formal requirements of the rule of law, thus the priority of human rights is a substantive (material) requirement of the rule of law. The aforementioned testifies to the natural-legal approach that the ECHR is guided by in interpreting the rule of law in its practice, understanding it primarily as the rule of human rights.

Access to Court v State Immunity

2003 ◽  
Vol 52 (2) ◽  
pp. 297-332 ◽  
Author(s):  
Emmanuel Voyiakis
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
State Immunity ◽  
European Court ◽  
The Law ◽  
The Right

This comment discusses three recent judgments of the European Court of Human Rights in the cases of McElhinney v Ireland, Al-Adsani v UK, and Fogarty v UK. All three applications concerned the dismissal by the courts of the respondent States of claims against a third State on the ground of that State's immunity from suit. They thus raised important questions about the relation the European Convention on Human Rights (the Convention)—especially the right to a fair trial and access to court enshrined in Arcticle 6(1)—and the law of State immunity.

scholarly journals THE RIGHT TO A FAIR TRIAL IN PROCEEDINGS CHALLENGING THE MINUTES OF DISPUTING CONTRAVENTIONS

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Adriana-Florina Bălăşoiu
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
The Right

The offenses field is assimilated to the criminal one from the perspective of theEuropean Court of Human Rights, in the sense of article 6 of the Convention, the personaccused of committing an act regarded in national law as an offense must benefit from theguarantees specific to criminal proceedings.

scholarly journals Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media

2021 ◽  
Author(s):  
◽  
Emma Jane Smith
Keyword(s):  
Social Media ◽  
Legal System ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Communications Technology ◽  
Independent Research ◽  
The Subject ◽  
The Law ◽  
The Right

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>

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