CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, December 1, 2009

Issue on Fundamental Human Rights in Criminal Process

The October 2009 issue of the Utrecht Law Review is devoted to the topic of Developments in the Protection of Human Rights in Criminal Process, and several pieces from the issue have been posted on SSRN, including an Introduction by Chrisje Brants  (University of Utrecht - Faculty of Law) and an Epilogue by Stefan Trechsel  (United Nations - International Criminal Tribunal for the Former Yugoslavia). Here is the abstract from the Introduction:

This issue of Utrecht Law Review is devoted to a problem that is by no means new: the protection of human rights and individual freedoms in criminal process. Indeed, the question of how to reconcile the necessary powers of the state for maintaining order and ensuring the security of society with their inevitable encroachments on the freedom of citizens and their right to be treated with the respect and dignity they command as human beings is a perennial one in the field of criminal law. But for all that, and despite great advances in the establishment of international human rights conventions and in the academic study of human rights, the answers, though tantalisingly close in theory, have in practice become increasingly complicated and pressing in recent years.

And here is the abstract from the Epilogue:

The topic under consideration at the XVIIIth International Congress of AIDP is fundamentally the same as that dealt with at the XIIth Congress – the protection of human rights in criminal proceedings. Even at that time, it was not a new issue – in 1953, under the title of ‘The Protection of personal freedoms during criminal proceedings’, the VIth Congress dealt with the same problems. It is remarkable that the term ‘human rights’ was not yet mentioned, even though the European Convention had been adopted almost three years earlier. In the meantime the subject has become a central concern for the international community which is demonstrated by the present publication which unites the General Report of the AIDC with that of the AIDP.

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