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14 Remedies

From: The Right to a Fair Trial in International Law

Amal Clooney, Philippa Webb

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 18 September 2021

Subject(s):
Right to effective remedy — Right to fair trial — Human rights remedies — Compensation — Costs and expenses — Reparations — Restitution — Treaties, reservations and declarations

This chapter examines the right to a remedy for fair trial violations. The right to a remedy is recognised in the International Covenant on Civil and Political Rights and regional human rights treaties, many of which also recognise a specific right to compensation when there has been a miscarriage of justice. Financial compensation and declaratory relief are awarded most frequently although some international bodies also regularly award more far-reaching remedies, such as the release of the defendant, the quashing of a conviction, a reduction in the sentence, a retrial of the defendant, or reforms to legislation. This chapter compares the practice of international and regional courts and human rights bodies and comments on states’ record of compliance with such remedies. It concludes that greater attention should be paid to this issue by practitioners and decision-makers at international bodies.

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