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By Christian Tomuschat, Evelyne Lagrange, Stefan Oeter

The suitable to lifestyles is the cornerstone of human rights security. This publication explores the mechanisms and methods in which at overseas point the try is made to shield human lifestyles opposed to all structural threats, even in armed clash.

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253/1987 (1991), para. 10. 53. HRC, Brown v. Jamaica, communication no. 775/1997 (1999), para. 8. 54. HRC Pinto v. Trinidad and Tobago, communication no. 232/1987 (1990), para. 5. See also HRC, Reid v. Jamaica, communication no. 250/1987 (1990), para. 4. 55. HRC, Currie v. Jamaica, communication no. 377/1989 (1994), para. 5; see also Pratt v. Jamaica, communication no. 210/1986 (1989), para. 5; Henry v. Jamaica, communication no. 230/1987 (1989), para. 4. 56 A denial of free legal assistance to an indigent convict for the review proceedings constitutes not only a violation of Article 14, paragraph 3 (d), but at the same time also of Article 14, paragraph 5, as denying such assistance effectively precludes an effective review of the conviction and sentence by the higher instance court; this also applies to petitions for special leave to appeal as ‘it is imperative that legal aid be available to a convicted prisoner under sentence of death […] [at] all stages of the legal proceedings’57.

Guyana, communication no. 867/1999 (2004), para. 3, the HRC found that the right to life had been violated because defence counsel for the person sentenced to death was not present throughout the criminal proceedings. g. Forum of Conscience v. Sierra Leone, 223/1998 (2000), para. 19; and International Pen and Others v. Nigeria, 137/1994, 139/1994, 154/1996, and 161/1997 (1998), para. 103); as well as the IACmHR (Moreno Ramos v. 430 (2005), para. 71). 15. HRC, Currie v. Jamaica, communication no.

103. 30. ECtHR (Grand Chamber), Öcalan v. Turkey, Reports 2005-IV, para. 166, quoting the Chamber. The Death Penalty and the Right to a Fair Trial 29 to subjecting the person concerned ‘wrongfully to the fear that he will be executed. The fear and uncertainty as to the future generated by a sentence of death, in circumstances where there exists a real possibility that the sentence will be enforced, must give rise to a significant degree of anguish. ’31 2) Fair trail guarantees are non-derogable in death penalty cases: The insistence on the full incorporation of fair trial rights into the right to life is not of a merely academic nature.

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