The guarantees for accused persons under Article 6 of the European Convention on Human Rights : : an analysis of the application of the Convention and a comparison with other instruments / / Stephanos Stavros.
In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus b...
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Superior document: | International Studies in Human Rights ; 24 |
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VerfasserIn: | |
Place / Publishing House: | Dordrecht, Netherlands ;, Boston, Massachusetts : : Martinus Nijhoff,, [1993] ©1993 |
Year of Publication: | 1993 |
Language: | English |
Series: | International Studies in Human Rights ;
24. |
Physical Description: | 1 online resource. |
Notes: | Revision of thesis (Ph. D.)--University of London. |
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Table of Contents:
- 1: The Scope of Application of Article 6. 2: The Standard of Fairness in the `Traditional Field of Application' of Article 6.
- 1. General Principles.
- 2. The Rights of the Accused at the Pre-Indictment Stage.
- 3. The Right to Proceedings of Reasonable Length.
- 4. The Right of the Accused to a Judicial Determination of the Charges Against Him.
- 5. The Character of the Adjudicating Organ.
- 6. The Trial Hearing.
- A. The Right of the Accused to be Informed of the Charges Against Him.
- B. The Right to Adequate Time and Facilities for the Preparation of One's Defence.
- C. The Right to an Adversarial, Oral and Public Hearing.
- D. The Right of the Accused to be Tried in his Presence.
- E. The Right to Legal Assistance.
- F. Evidence.
- G.
- The Right to Free Assistance of an Interpreter. H. The Right to an Adequately Reasoned and Publicy Pronounced Judgment.
- I. The Presumption of Innocence and Several Issues Connected with the Conclusion of the Proceedings.
- J. Proceedings in Absentia.
- 7. The Right of Appeal.
- 8. The Standard of Fairness for the Appellate Process and for Certain Post-Convictional Remedies.
- 9. Non Bis in Idem and the Effects of Criminal Judgments on Related Civil Proceedings.
- 10. Compensation for Miscarriages of Justice. 3: The Standard of Fairness for Quasi-Criminal Proceedings.
- 4: Conclusions. 1. A More Rationalized Approach to the Problems Raised by the Detailed Character of Article 6.
- 2. A Fair Balancing of the Rights of the Individual and the Interests of the State in the Context of Article 6?
- Appendix 1: Test of Provisions Discussed.
- Appendix 2: List of Cases Cited.
- Appendix 3: Selected Bibliography.