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A Balance Between Court Security and Fair Trials:Court Cages in Criminal Cases——Using European Court of Human Rights Cases for Reference
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作者 李崇涛 《The Journal of Human Rights》 2019年第2期220-240,共21页
In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified tha... In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified that the 'human dignity of the accused and his right to a fair trial are higher than the value of court security',thus found that putting the accused in a cage dock or improper use of a glass cabin dock are in breach of Article 3 and Article 6 of the European Convention on Human Rights,constitutes degrading treatment and violates the right to a fair trial.This position is in line with the international overall trend,which is of significance as a reference for China’s courts.Domestic courts should take the initiative to change the current use of the 'low fence dock' to further enhance China’s judicial civilization. 展开更多
关键词 CAGE in the COURT low FENCE DOCK COURT SECURITY right to a fair trial
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