THE EUROPEAN CONVENTION ON HUMAN RIGHTS: SAFEGUARDING INTERROGATIONAL FAIRNESS
Lola Wu , Institute for International Research on Criminal Policy (IRCP), Ghent University, Universiteitstraat 4, B-9000 Gent, BelgiumAbstract
The principle of interrogational fairness is a cornerstone of the rule of law and human rights protection, particularly within the framework of the European Convention on Human Rights (ECHR). This study examines the mechanisms through which the ECHR safeguards the rights of individuals during interrogation processes, focusing on the interplay between human dignity, the right to a fair trial, and protections against inhumane treatment. Through a critical analysis of relevant case law and legal provisions, the research highlights how the Convention establishes a framework that obliges member states to adhere to standards of fairness, transparency, and accountability in interrogation practices. The study also explores the challenges and limitations faced by the ECHR in enforcing these rights, particularly in the context of national security concerns and counter-terrorism measures. By analyzing the impact of the ECHR on interrogational practices across different jurisdictions, this research aims to contribute to a deeper understanding of the importance of safeguarding interrogational fairness as a fundamental human right. Ultimately, the findings underscore the necessity for continuous dialogue and reform to ensure that the principles enshrined in the ECHR are effectively implemented in safeguarding individual rights during interrogations in an evolving legal landscape.
Keywords
Interrogational fairness, European Convention on Human Rights, inhumane treatment
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