The central research question is:
Which adjustments have Dutch courts made to national criminal procedure in order to overcome the evidential limitations, and have they thereby succeeded in ensuring fairness of proceedings and conducting accurate fact-finding in atrocity crimes cases?
This study is divided into two parts. Part I addresses the relevance of the case law of the ECtHR with respect to the right to confrontation for the evaluation of witness evidence in criminal proceedings, analyses the way in which Dutch courts have gone about guaranteeing the right to confrontation in the Dutch legal order and examines the approach to evaluating witness evidence in atrocity crimes cases in light of the right to confrontation.
Part II of this dissertation analyses the interpretation and application of the defendant’s right to participate in the pre-trial evidence gathering process.
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