Appeal against Court Decisions in Criminal Cases in the Practice of the European Court of Human Rights and the UN Human Rights Committee

Abstract

This article was prepared within the framework of the plan of Scientific-Research Institute of Northwestern University (branch) Kutafin Moscow State Law University (MSAL) clause 2.5. Review. During the implementation of the provisions of the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights (ECHR) and the UN Human Rights Committee (UNHRC) developed some international standards of the right to appeal against judgments in criminal cases. In accordance with these standards only the convicted has an unconditional right to appeal against judgments in criminal cases. The content and limits of the right to appeal against judgements in criminal cases, other participants in criminal proceedings, including the victim, shall be determined by national legislation and is not part of the data standards The main differences of the latter are permissible restrictions on the right to appeal, as well as the requirements for the form of appeals procedure. In particular, the ECHR provides extensible possibilities to limit the right of appeal, stating that it could only be restricted by law or a person wishing to apply to the superior court have to obtain permission to appeal. In addition, the right to appeal in the exemptions for minor offences, as well as when the person has already been tried in the first instance by the Supreme Court or convicted on appeal against his acquittal The practice of the UN Human Rights Commission holds a different position on the validity of such restrictions, believing that the review, which was limited to formal or legal aspects of the conviction without any consideration of the facts was insufficient The Committee considers the denial of the right to appeal for minor offences, the decisions rendered by the Supreme Court in the first instance, as well as convictions based on the results of consideration of appeals against acquittal The UN Human Rights Commission does not impose any special requirements for the form of the appeals procedures, including a full rehearing of the case. The practice of the ECHR in this context seems somewhat inconsistent. On the one hand, the ECHR is loyal to various limitations of the right to appeal, and, on the other hand, it has repeatedly recognized violations of the provisions of the Convention, a situation where there was no full review provided for by national legislation