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NCJ Number: 154295 Find in a Library
Title: Case-Law of the European Court of Human Rights in 1993
Journal: European Journal of Crime, Criminal Law and Criminal Justice  Volume:2  Issue:2  Dated:(1994)  Pages:180-196
Author(s): B Swart
Date Published: 1994
Page Count: 17
Type: Issue Overview
Format: Article
Language: English
Country: Netherlands
Annotation: This article examines the number and types of criminal cases decided by the European Court of Human Rights in 1993.
Abstract: In 1993, the Court decided 26 criminal cases, two fewer than in 1992. In half of them, it held that one or more violations had occurred. To the regular reader of the Court's case law they offer fewer surprises than those of the previous year. Most of the judgments elaborate on already familiar themes, sometimes refining existing criteria or deviating in some respect from a previous course. There are however exceptions. The most important decisions by the Court deal with the state of emergency in Northern Ireland and the privilege against self incrimination. A point of concern is that the Court sometimes tends to become even more elliptical in explaining its reasons for deciding a case for or against the applicant than it often is already. The article discusses Court decisions in cases dealing with: (1) derogations and reservations; (2) what constitutes an independent and impartial tribunal; (3) trial in the absence of the accused; (4) trial within a reasonable time; (5) the privilege against self incrimination; (6) the presumption of innocence; (7) legal assistance; (8) examination of witnesses; (9) appeal proceedings; (10) inhuman and degrading treatment; (11) deprivation of liberty; (12) the principle of legality; (13) private life, home and correspondence; (14) freedom of religion; and (15) freedom of expression. Footnotes
Main Term(s): Courts
Index Term(s): European Court of Human Rights; Foreign courts; Human rights; Judicial decisions; Right against self incrimination
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