Right to a Fair Trial During the Pandemic Period

Prof. Dr. Aart HENDRIKS*…

Abstract

Persons charged with a criminal offence or involved in another legal dispute have the right to a fair trial. The entitlement to this right is challenged by State measures against the COVID-19 pandemic. Courts are (partially) closed or have switched to non-physical courts sessions, suspected persons cannot have face-to-face contact with their solicitors and mental health patients are subjected to penitentiary detention, forced treatment or sent to mental health institutions without being seen by a medical expert on the basis of a physical meeting and not always receiving adequate care. Are these practices, challenging the principle of innocence, in line with the right to a fair trial? An analysis.…