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Part Three The Specific Rights of the Defence, Ch.15 The Right to Compensation for Wrongful Conviction

From: Human Rights in Criminal Proceedings

Stefan Trechsel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 June 2024

Subject(s):
Compensation — Witnesses — Detention — Res judicata

When it comes to the accused’s right to compensation for wrongful conviction in criminal proceedings, the European Convention on Human Rights (ECHR) puts the words ‘or he has been pardoned’ between commas and adds to the reference to ‘the law’ the alternative ‘the practice of that State concerned’. In contrast, the American Convention on Human Rights (ACHR) refers neither to domestic law nor to the requirement that there be a finding that there was a miscarriage of justice. This could be misinterpreted as suggesting that it applies to the international authorities. This chapter discusses the origins, purpose, and significance of the guarantee, along with the prerequisites of the right to compensation for wrongful conviction (for example, conviction resulting from a criminal offence), the substance of the compensation, and the beneficiary of the right to compensation.

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