THE PRINCIPLE OF EQUALITY OF ARMS - CASES VERSUS MACEDONIA IN FRONT OF THE EUROPEAN COURT OF HUMAN RIGHTS

Krstevska Savovska, Katerina and Ilijevski, Ice (2020) THE PRINCIPLE OF EQUALITY OF ARMS - CASES VERSUS MACEDONIA IN FRONT OF THE EUROPEAN COURT OF HUMAN RIGHTS. Thematic conference proceedings of international significance „Archibald Reiss Days“, 10. pp. 25-33. ISSN ISBN 978-86-7020-453-9 ISBN 978-86-7020-190-3

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Official URL: http://eskup.kpu.edu.rs/dar/issue/view/5

Abstract

The right to a fair trial as stipulated in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms encompasses in itself several principles among which is the principle of equality of arms. Having in mind the request for the criminal procedure to be fair, which implies the principle of equality of arms to be respected, the paper will focus on two Macedonian cases – the Case of Stoimenov and the Case of Duško Ivanovski. In addition, the paper will focus on the relevant documents and judgements, and will pay a special attention to the Court’s statement in which it recalls that the principle of equality of arms is part of the wider concept of a fair hearing within the meaning of Article 6 Paragraph 1. Namely, it requires a “fair balance” between the parties: each party must be afforded a reasonable opportunity to present their case under conditions that do not place them at a disadvantage vis-à-vis their opponent or opponents.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 08 Jan 2021 12:27
Last Modified: 08 Jan 2021 12:28
URI: http://eprints.uklo.edu.mk/id/eprint/6095

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