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2010, iss. 2, pp. 317-334
Article 5(3) of the European Convention on Human Rights
Adv. kanc. Oblučar-Vasiljević-Radosavljević
Abstract
Main step forward in development of classical comprehending of human rights was without a doubt raising the level of their protection to international bodies, first UN, and afterwards by adopting of European convention on human rights and founding European court of human rights within Council of Europe. By analyzing one the eldest rights of criminal procedure, the right be brought promptly before a judge or other officer authorized by law to exercise judicial power and closely related right to trial within a reasonable time, we'll show how did these events helped in greater respect for human rights in states' practice and what else is needed in further development in this field. We'll give a short historic overview, analysis of several international instruments and domestic laws, and the main focus will be on decisions of the European court of human rights regarding complaints on alleged violations of Article 5(3) of the European convention on human rights. Finally, we'll make suggestions on possible solutions that could contribute to further improvement of this right's safeguards.
References
*** (2001) Rimski statut. Službeni list SR Jugoslavije / Official Journal of the FRY, Međunarodni ugovori, br. 5
Dimitrijević, V.B., Paunović, M.B., Đerić, V. (1997) Ljudska prava - udžbenik. Beograd: Beogradski centar za ljudska prava
Dvorkin, R. (2001) Suština individualnih prava - novo izdanje sa odgovorom kritičarima. Beograd: Službeni list SRJ
Higgins, G. (2007) Fair and expeditious pre-trial proceedings-the future of international criminal trials. Journal of International Criminal Justice 2007, Oxford University Press
 

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article language: Serbian
document type: Review Paper
published in SCIndeks: 07/09/2010

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