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Questioning defendants via Skype during the state of emergency in the Republic of Serbia
[journal article]
Abstract The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One of the... view more
The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One of the measures introduced by the state was the possibility for the defendant to attend the main hearing via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper addresses the national legal framework under which trials are permitted and conducted via Skype during a state of emergency and relevant case law of the European Court of Human Rights.... view less
Keywords
trial; epidemic; human rights; online media; contagious disease; Serbia; accused; criminal law
Classification
Law
Free Keywords
Questioning; Defendant; Skype; Fair Trial; COVID-19
Document language
English
Publication Year
2020
Page/Pages
p. 30-44
Journal
Journal of Liberty and International Affairs, 6 (2020) 2, Supp. 1
Issue topic
Human rights and civil liberties in the time of Covid-19
DOI
https://doi.org/10.47305/JLIA2060030b
ISSN
1857-9760
Status
Published Version; peer reviewed