NCJ Number
64002
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 27 Issue: 3 Dated: (1977) Pages: 761-795
Date Published
1977
Length
35 pages
Annotation
DECISIONS OF THE EUROPEAN COMMISSION AND THE EUROPEAN COURT FOR HUMAN RIGHTS ARE OUTLINED TO PROVIDE INFORMATION ABOUT THESE BODIES' LITTLE-PUBLICIZED ACTIVITIES.
Abstract
QUESTIONS OF PROCEDURAL LAW HAVE BEEN DOMINANT BUT MATTERS OF SUBSTANTIVE LAW TREATED HAVE INCLUDED LEGALITY OF ABORTION, WHICH REMAINS UNDECIDED, AS WELL AS THE RIGHT TO ASYLUM AND REASONS FOR EXTRADITION. ISSUES IN THE AREA OF CRIMINAL PROCEDURE RELATE TO THE RIGHT OF INDIVIDUALS TO FREEDOM UNDER PROVISIONS OF THE CONVENTION ON HUMAN RIGHTS, SPECIFICALLY ENCROACHMENT ON INDIVIDUAL FREEDOM THROUGH COURTS, THE RIGHT TO SPEEDY TRIAL AND TO RELEASE FROM DETENTION, AND THE RIGHT TO COURT INQUIRY INTO IMPRISONMENT. QUESTIONS WHICH HAVE ALSO BEEN REVIEWED ARE THE APPLICABILITY OF CONCEPTS AS DEFINED BY THE CONVENTION FOR HUMAN RIGHTS RATHER THAN BY LAWS IN THE SEPARATE NATIONS; THE NATURE OF THE FAIR HEARING; THE SUITABILITY OF TIME LIMITS ON PROCEEDINGS; THE LEGAL CONSEQUENCES OF PROCEEDINGS OF UNSUITABLE LENGTH; THE APPLICATION OF PRESUMPTION OF INNOCENCE; THE MINIMUM STANDARDS OF RIGHTS IN A STATE OF LAWS; THE POSSIBILITIES FOR PROHIBITION OF REPEATED TRIALS; THE PROHIBITION OF RETROACTIVE DEFINITION OF CRIMINAL OFFENSES; THE REQUIREMENT THAT COMPLAINANTS ESTABLISH THAT THEY WERE VICTIMS OF HUMAN RIGHTS VIOLATIONS; AND EXHAUSTION OF ALL POSSIBLE DOMESTIC REMEDIES. WHILE THE INDIVIDUAL DECISIONS REFLECT FEW ACTUAL GAINS FOR HUMAN RIGHTS BECAUSE OF THE NEED TO CONSIDER DIFFERENCES IN THE LAWS OF PARTICIPATING COUNTRIES, THE OVERALL PICTURE OF DECISIONS SUGGESTS THAT THE CONVENTION IS GAINING GENERAL ACCEPTANCE AS A LEGAL STANDARD AND THAT THE ROLES OF THE COMMISSION AND THE COURT ARE VITAL TO ITS EFFECTIVENESS. THE PROCEDURE OF THE MINISTERIAL COMMITTEE COMPOSED OF STATE REPRESENTATIVES HAS PROVED UNTENABLE, AS IN MOST CASES IT HAS NOT BEEN POSSIBLE TO AFFIRM OR TO DENY CONVENTION VIOLATIONS WITH A TWO-THIRDS MAJORITY VOTE AS REQUIRED, AND IT IS RECOMMENDED THAT THE FINAL DECISION IN SUCH CASES BE LEFT TO THE EUROPEAN COURT. NOTES ARE SUPPLIED. --IN GERMAN. (KMD)