PP247 Study Guide - International Bill Of Human Rights, Erga Omnes, De Facto
Document Summary
Belois was a swiss citizen: participated in a public demonstration. Convicted of violating local regulation hich prohibited participating in a demonstration without a permit. Felt she was unjustly treated: because the prosecutor was working for the state police, didn"t have a fair trial, person who convicted her was an ppointee of. Local police aka not impartial: switzerland everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Swiss had submitted reservation on article 6: is switzerland"s interpretative declaration. Court upheld the applicants claim that her right to a fair trial was violatd: court shot down that swiss interpretative declaration was not a reservation / did not apply. Court had to figure out if an interpretative declaration was a reservation: referenced article 2(1)(d) of the vclt" 69. Traveaux prepetoire: what was their intention for this. Switzerland wanted to submit a formal reservation: originally*
