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Prosecuting Serious Human Rights Violations$
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Anja Seibert-Fohr

Print publication date: 2009

Print ISBN-13: 9780199569328

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199569328.001.0001

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Prosecution under the European Convention on Human Rights

Prosecution under the European Convention on Human Rights

Chapter:
(p.111) 4 Prosecution under the European Convention on Human Rights
Source:
Prosecuting Serious Human Rights Violations
Author(s):

Anja Seibert-Fohr

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199569328.003.0004

An increasing number of cases before the European Court of Human Rights challenge flaws in criminal proceedings. This chapter analyses the role of prosecution and punishment under the European Convention of Human Rights. Several standards for the criminalization and prosecution of serious human rights violations have been developed by the European Human Rights Court. Enactment and enforcement of criminal law are increasingly seen as mandatory measures to ensure the effective enjoyment of human rights. The chapter elaborates and critically evaluates this fairly recent process. It describes the necessary standards for the criminalization, investigation and conduct of criminal proceedings against human rights offenders. It also considers victims' rights and their role in criminal procedure. A detailed representation of the relevant provisions and the pertinent jurisprudence are provided in order to provide a guide through the wealth of cases. The chapter concludes with a summary and outlook.

Keywords:   European Convention of Human Rights, criminalization, prosecution, sentences, victims

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