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Legal Digest of International Fair Trial Rights
commentary on the fair trial rights under the ICCPR and ECHR. This is particularly the case
in areas such as the rights of victims and witnesses, which have been largely developed after
the adoption of the said treaties.
The scope of the publication is limited to the description of the rights pertaining to the trial
and, therefore, does not cover the right to liberty or, more generally, the pre-trial stage of
proceedings, including the investigation, arrest and issues related to pre-trial detention.
Each chapter of the publication starts with a reference to the applicable OSCE Human Dimension commitments, as well as to the relevant legal provisions of the ICCPR and ECHR. To help
readers distinguish between the political and legal obligations, OSCE political commitments
are listed in blue boxes, whereas ICCPR and ECHR legal provisions are quoted in grey boxes.
The chapter then provides an overall description of a particular fair trial right and its constituent elements. Each aspect is examined through extensive reference to the case law of the UN
Human Rights Committee and the European Court of Human Rights. These sections include
a comparison between the two universal and regional systems of fair trial rights protection
and, within each system, an analysis of areas of the jurisprudence that have been developed
throughout the years. Finally, each chapter ends with a checklist intended to provide trial
monitors with practical questions stemming from the corresponding laws and standards.
While the primary target audience of this publication is trial monitors, others, in particular
legal professionals, such as judges, prosecutors, lawyers and researchers, may find the Legal
Digest equally useful as a tool to assess whether a justice system adheres to international
fair trial rights.
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