Human Rights in Criminal Proceedings

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....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.'