Introduction to the Protection of Human Rights in the Council of Europe II - Art.6
The course will deal with both procedural and substantive law aspects of criminal justice and focus on the jurisprudence of the European Court of Human Rights. First the relation between human rights and criminal law and the models of the criminal process are discussed .The course covers the types of proceedings to which the guarantees of the right to a fair trial apply, i.e. the way the notion of "criminal charge" is interpreted by the European Human Rights Court. Further, case law on the courts' independence and impartiality, the right to silence on the presumption of innocence, the right to defense, issues related to evidentiary law and witness protection are discussed. In addition to the in depth analysis of the case law of the European Human Rights Court the relevant jurisprudence related to Articles 14 and 15 of the International Covenant on Civil and Political Rights shall also be referred to.
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