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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   fall 2017-winter 2018 , Volume - , Number 14 ; Page(s) 119 To 144.

Trialsin Absentia at the Special Tribunal for Lebanon on the Basis of the International Human Rights

Author(s):  Salehi Muhammad Khalil, Khosrowshahi Hasan
subsequent to the U. N. Security Council Resolution 1757, in may 2007, special tribunal for Lebanon that aims to confront impunity, the prosecution and conviction of the perpetrators of Rafiq Hariri assassination (the former Lebanese Prime Minister) was established. The two exclusive specifications of this trial in comparison to the international trials and hybrid tribunals are: trial in the defendant’ s absence and in return, defending the rights of the absent defendants by the defense office. The adaption of this absent conviction to the fair procedure standards and the international human rights are counted of the important and basic challenges of these trials. The human rights institutions in the realm of the international legal system have permitted (accepted) Trial in the defendant’ s absence only in the exceptional and specific cases. In this note, the reasons of the legality of the absent conviction and the method to hold this conviction in the special tribunal for Lebanon have been reconciled with the international human rights standards, through this, the level of considering the rights of the absent defendant in the criminal procedure has been revealed.
Keyword(s): Trials in absentia,Special tribunal for Lebanon,The international human rights,The fair procedure
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