QUESTIONING DEFENDANTS VIA SKYPE DURING THE STATE OF EMERGENCY IN THE REPUBLIC OF SERBIA
QUESTIONING DEFENDANTS VIA SKYPE DURING THE STATE OF EMERGENCY IN THE REPUBLIC OF SERBIA
Author(s): Aleksandar Bošković, Tanja KesićSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Public Law, Politics and law, EU-Accession / EU-DEvelopment, Penal Policy, EU-Legislation, Court case
Published by: Institute for Research and European Studies - Bitola
Keywords: Questioning; Defendant; Skype; Fair Trial;COVID-19;
Summary/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 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.
Journal: Journal of Liberty and International Affairs
- Issue Year: 6/2020
- Issue No: Suppl.
- Page Range: 30-44
- Page Count: 15
- Language: English
