THE IMPACT OF THE COVID-19 PANDEMIC ON HUMAN RIGHTS AND THEIR RESTRICTION THROUGH THE PRISM OF THE “FAIR TRIAL” PRINCIPLE IN CRIMINAL PROCEEDINGS
Research Article
THE IMPACT OF THE COVID-19 PANDEMIC ON HUMAN RIGHTS AND THEIR RESTRICTION THROUGH THE PRISM OF THE “FAIR TRIAL” PRINCIPLE IN CRIMINAL PROCEEDINGS
ABSTRACT
Today the world is facing a new challenge, called COVID-19. The pandemic caused by this virus is a global, primarily health problem, but also a general problem that has affected more than millions of people from almost every country on the planet. In such circumstances, countries face the challenge of tackling an unknown enemy, protecting their citizens, while not violating their freedoms and rights. However, it seems that one does not go without the other, and the global pandemic dictates a new way of running the "normal" functioning of the world, by imposing an urgent obligation to undertake a series of "extraordinary" measures. However such extraordinary measures largely encroach on the democratic values of states, placing the enjoyment of human rights and freedoms in question with the justification - achievement of the common good. Hence, the picture is real of states that in the fight against the "invisible enemy" crossed the allowed borders and went so far as to derogate rights, which should not be derogated under any circumstances.There are certain institutions, functions, and instruments that are a key link in a democratic society and their work should not be completely stalled under any circumstances. One of those links of democracy is the judicial system, and the work of the courts and the judicial administration must not be questioned even under these conditions of a global pandemic, primarily due to the fact that they are a guarantee for the realization of one of the essential human rights - the right of access to justice and the right to a fair trial.The personal and physical presence of the parties during the trial is invaluable. However, the current situation with Covid19 dictates the previous experience from the spring of 2020 to be considered, and it is desirable that no ideological approach be taken, whether in favor of or against a videoconference. Special focus of the paper is put on the various aspects of the right to a fair trial as set out in Article 6 of the European Convention on Human Rights (ECHR) during the Covid 19 pandemic, and in particular on the provision of procedural guarantees in court proceedings during this extraordinary health crisis.
TRAJANOVSKA , V.,
(2021). THE IMPACT OF THE COVID-19 PANDEMIC ON HUMAN RIGHTS AND THEIR RESTRICTION THROUGH THE PRISM OF THE “FAIR TRIAL” PRINCIPLE IN CRIMINAL PROCEEDINGS. Journal of Law And Politics, 2(2), 24-34. Arrival Date Posted By:https://jlp.ibupress.com/articles/the-impact-of-the-covid-19-pandemic-on-human-rights-and-their-restriction-through-the-prism-of-the-fair-trial-principle-in-criminal-proceedings
