THE RIGHTS OF PERSONS DEPRIVED IN FREEDOM DURING THE COVID-19 PANDEMIC. INCIDENCE OF JUDICIAL ERROR
THE RIGHTS OF PERSONS DEPRIVED IN FREEDOM DURING THE COVID-19 PANDEMIC. INCIDENCE OF JUDICIAL ERROR
Author(s): Delia Mihaela MarinescuSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Health and medicine and law, EU-Legislation, Administrative Law, Labour and Social Security Law
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: video conferencing; persons deprived of their liberty; right of defense; miscarriage of justice; pandemic COVID-19;
Summary/Abstract: Respect for human rights in general, but also for persons deprived of their liberty is a constant concern in any democratic state, which determines both the involvement of the courts in guaranteeing all rights in proceedings against persons in detention, and a special attention from the public authorities for outlining rules capable of effectively implementing legal regulations, but also the jurisprudence of European courts.The article analyzes the legislation applicable in Romania regarding the observance of the rights of persons deprived of liberty, through the prism of videoconferencing hearings, taking into account the general framework, but also the extraordinary legal norms adopted during the COVID-19 pandemic, including the ECHR jurisprudence. The main objective is to present the manner in which the rights of persons deprived of their liberty have been violated by videoconference hearings, even contrary to the consent of the detainee and without his lawyer being present at the place of detention. The aim of the research is to recognize the importance of respecting human rights during the COVID-19 pandemic, as well as to analyze the importance of the right to defense and a fair trial in the case of detainees heard by videoconference.
- Issue Year: LXXII/2021
- Issue No: 2
- Page Range: 8-17
- Page Count: 10
- Language: English