Full Description
The volume contains the papers submitted to the International Symposium on "The Right to a Fair Trial" held at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. The Symposium undertook one of the most comprehensive surveys in recent times of the implications of the fair trial principle with regard to criminal proceedings, ranging from the rights of the accused during the pre-trial procedure through the principle of impartiality of judges to the application of the right to a fair trial in emergency situations, both under domestic and international law. Well-known specialists assess to which extent these standards have actually been implemented in national legal systems and what reforms are necessary to enhance the effectiveness of international human rights law in this area.
Contents
First Part: The Right to a Fair Trial Under the Legal Systems of American States.- The Right to a Fair Trial in Canada.- Fair Trial Standards in the United States of America.- Perspectives on the Right to a Fair Trial in Mexico.- The Brazilian Criminal Procedural Law System.- Fair Trial — the Inter-American System for the Protectionof Human Rights.- Second Part: The Right to a Fair Trial Under the Legal Systems of African States.- The Right to a Fair Trial in the Moroccan Criminal Procedure.- A Fair Trial for the Defendant and the Protection of His Basic Rights in the Tunisian Legal System.- The Right to a Fair Trial: The Case of Senegal.- Right to a Fair Trial: the Uganda Perspective.- The Right to a Fair Trial in Zimbabwe.- Right to Fair Trial in South Africa Under the Interim Constitution.- Preliminary Remarks on the Right to a Fair Trial Under the African Charter on Human and Peoples' Rights.- Third Part: The Right to a Fair Trial Under the Legal Systems of Asian States.- The Right to a Fair Trial in Islamic Countries.- Fair Trial in Criminal Proceedings in India.- The Right to Fair Trial in Malaysia.- Fair Trial Standards in China.- The Right to a Fair Trial in Israel.- Fourth Part: The Right to a Fair Trial Under the Legal Systems of European States.- The Right to a Fair Trial in England and Wales.- The Right to a Fair Criminal Trial in German Criminal Proceedings Law.- The Right to Fair Trial in the Kingdom of Denmark.- The Right to a Fair Trial in Norway.- The Right to a Fair Trial in Spain.- The Right to Fair Trial in Poland.- The Right to a Fair Trial and the European Convention on Human Rights.- The United Nations and the Guarantees of a Fair Trial in the International Covenant on Civil and Political Rights and the Convention Against Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment.- Fifth Part: The Right to Fair Trial in a Comparative Perspective.- Protection of Individuals in the Pre-Trial Procedure.- Independence and Impartiality of Judges.- The Right to a Fair Trial in Situations of Emergency and the Question of Emergency Courts.- The Right of the Accused to Be Tried in His or Her Presence.- List of Contributors.
