Article 6 On Trial in Macedonia
(2021) JURM02 20211Department of Law
Faculty of Law
- Abstract
- The right to a fair trial is a fundamental human right. Still, it is being violated by states on a daily basis and just in Europe there are thousands of cases regarding unfair trials. Academic work regarding fair trials is vital in order to highlight where the right is violated.
This thesis describes the concept of an independent and impartial tribunal as enshrined in article 6 of the European Convention of Human Rights and Fundamental Freedoms and examines the rights to have adequate time and facilities for the preparation of defence, the right to defence and to examine or have examined witnesses. The meaning of the provisions is supported by case-law from the European Court of Human Rights since it is the Court that interprets the... (More) - The right to a fair trial is a fundamental human right. Still, it is being violated by states on a daily basis and just in Europe there are thousands of cases regarding unfair trials. Academic work regarding fair trials is vital in order to highlight where the right is violated.
This thesis describes the concept of an independent and impartial tribunal as enshrined in article 6 of the European Convention of Human Rights and Fundamental Freedoms and examines the rights to have adequate time and facilities for the preparation of defence, the right to defence and to examine or have examined witnesses. The meaning of the provisions is supported by case-law from the European Court of Human Rights since it is the Court that interprets the rights, and the case-law is considered to be a source of law.
Furthermore, the thesis examines which one of these rights are considered to be absolute rights that no derogation is allowed from in any circumstances. A case from Macedonia that is called “April 27th” is analyzed in the light of the provisions in article 6 of the European Convention of Human Rights and Fundamental Freedoms in order to examine if the domestic court that judged in the case complied with the right to a fair trial. There is a political dynamic that surrounds the case, why it is out of undeniable importance to analyze it from a legal perspective since it is highly controversial.
In the legal analysis of this thesis, important segments of the case are put in context with the doctrine and case law regarding a fair trial. The examination leads to the conclusion that the domestic court was not independent nor impartial and there are strong indications about violations of the right to a fair trial on several occasions. On other occasions, it is more than obvious that the right has been violated. Further, the reasons why the domestic court have not complied with article 6 are being discussed and recommendations on how to improve the judiciary are provided. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9066198
- author
- Dukleska, Nade
- supervisor
- organization
- course
- JURM02 20211
- year
- 2021
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Human rights, article 6, European Convention On Human Rights, Right to a Fair Trial
- language
- English
- id
- 9066198
- date added to LUP
- 2021-09-30 13:43:53
- date last changed
- 2021-09-30 13:43:53
@misc{9066198,
abstract = {{The right to a fair trial is a fundamental human right. Still, it is being violated by states on a daily basis and just in Europe there are thousands of cases regarding unfair trials. Academic work regarding fair trials is vital in order to highlight where the right is violated.
This thesis describes the concept of an independent and impartial tribunal as enshrined in article 6 of the European Convention of Human Rights and Fundamental Freedoms and examines the rights to have adequate time and facilities for the preparation of defence, the right to defence and to examine or have examined witnesses. The meaning of the provisions is supported by case-law from the European Court of Human Rights since it is the Court that interprets the rights, and the case-law is considered to be a source of law.
Furthermore, the thesis examines which one of these rights are considered to be absolute rights that no derogation is allowed from in any circumstances. A case from Macedonia that is called “April 27th” is analyzed in the light of the provisions in article 6 of the European Convention of Human Rights and Fundamental Freedoms in order to examine if the domestic court that judged in the case complied with the right to a fair trial. There is a political dynamic that surrounds the case, why it is out of undeniable importance to analyze it from a legal perspective since it is highly controversial.
In the legal analysis of this thesis, important segments of the case are put in context with the doctrine and case law regarding a fair trial. The examination leads to the conclusion that the domestic court was not independent nor impartial and there are strong indications about violations of the right to a fair trial on several occasions. On other occasions, it is more than obvious that the right has been violated. Further, the reasons why the domestic court have not complied with article 6 are being discussed and recommendations on how to improve the judiciary are provided.}},
author = {{Dukleska, Nade}},
language = {{eng}},
note = {{Student Paper}},
title = {{Article 6 On Trial in Macedonia}},
year = {{2021}},
}