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Part Three The Specific Rights of the Defence, Ch.9 Adequate Time and Facilities

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: 25 June 2024

Subject(s):
Equality of arms — Right to fair trial — Equality before the law — Habeas corpus — Defences — International criminal law, evidence — Corroboration — Witnesses — Detention — Fact-finding and inquiry

This chapter presents a few general observations on the character of Article 6 section 3(b) of the European Convention on Human Rights (ECHR) and its relative nature. This is followed by an examination of the right to adequate time and adequate facilities to prepare the defence. The two concepts are not entirely unrelated: the more ‘adequate’ the facilities for the preparation of the defence are, the longer the defence will need to use them effectively. The origins, purpose, and importance of the guarantee are discussed, along with the relative character of the guarantee, the relation of the guarantee to the other rights of the defence such as the principle of equality of arms, the relevant period, accelerated proceedings, access to the file, the modalities of discovery and access to the file, other facilities, and exceptions.

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