The Processes and the Procedures of Hearing a Case
摘要
This chapter provides a comparative analysis of processes and procedures in adjudicating human rights disputes at the Arab, African, Inter-American, and European Human Rights Courts. It includes the complex undertaking of the regional human rights courts’ power to determine their jurisdiction. The chapter also addresses: the institution of, management, and conclusion of court proceedings; the representation of the litigants; the role of amicus curiae and third-party interventions; the value of investigations, inquiries, and in-situ visits undertaken by the courts. Moreover, it considers the issue of filing fees at the commencement of an application and the payment of legal costs after a case is concluded. The value of a legal aid scheme to the effectiveness of a regional human rights court is underscored. This is especially so for the legal aid scheme of the European Court of Human Rights, which has developed effective mechanisms for enabling access to justice for vulnerable communities within its jurisdiction.