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Does the Victim of a Crime Have the Right to a Fair Trail? Remarks on the Protection of Crime Victims in the Light of the Guarantees in the European Convention on Human Rights

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Mezykowska A.

Polish Yearbook of International Law

2011

vol. 31

285-313

None of the provisions guaranteeing the right to a fair trial contained in the principal international agreements were explicitly drafted to assure such a right to victims of crimes. Therefore, over the last two decades one could observe a shift in the attitude of the European Court of Human Rights towards the rights of victims, in order to extend the protection granted under the provisions of the European Convention on Human Rights to victims taking part in criminal proceedings. The Court directly extends the rights of victims by elaborating the procedural obligations of States (mainly under Articles 2 and 3 of the Convention), and through a broader understanding of the concept of civil rights and obligations, which enables the extension of the guarantees granted under Article 6 to victims participating in criminal proceedings. The purpose of this analysis is to attempt to answer the questions: under what circumstances in criminal proceedings may victims benefit from the right to a fair trial, and to what extent are they entitled to claim the protection of the guarantees provided for under the Convention?

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1 Polish Yearbook of International Law

1 Mezykowska A.

1 2011

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Does the Victim of a Crime Have the Right to a Fair Trail? Remarks on the Protection of Crime Victims in the Light of the Guarantees in the European Convention on Human Rights