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基本説明

The case-law of the international bodies is critically examined.

Full Description

Interest in human rights has grown enormously over
the past fifty years. But while the media focus mainly
on dramatic issues such as unlawful killings, torture,
disappearances, or free speech violations, institutions
charged with the implementation of human rights
(as set out in international treaties) spend a great deal
of their time dealing with alleged violations that take
place during criminal proceedings.And in the future
such issues will become even more important as a
result of the increasing internationalization of the
administration of criminal justice.

In this book, the case-law of the most important
and influential international bodies dealing with
such issues is presented and critically examined by
an author who has spent almost a quarter of a
century contributing to its evolution. The European
Commission and the European Court of Human
Rights, in particular, have accumulated a
considerable quantity of case-law,which is of
particular interest because of its applicability 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, 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 criminal
law and human rights.

Contents

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