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The Undermining of Article 6 ECHR
- from PART III - CoE
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- By Ryan Goss, Professor at the Australian National University Law School
- Edited by Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, Gerd Oberleitner
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- Book:
- European Yearbook on Human Rights 2019
- Published by:
- Intersentia
- Published online:
- 24 January 2020
- Print publication:
- 31 October 2019, pp 295-312
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- Chapter
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Summary
ABSTRACT
In 2018, the European Court of Human Rights’ case law continued to raise significant questions about the nature of criminal fair trial rights under Article 6. This contribution considers the Court's recent case law on Article 6, with a particular emphasis on developments in cases such as Beuze v Belgium of November 2018. This contribution argues that the Court continues to undermine the text of the Convention through its interpretation of Article 6's ‘internal structure,’ with undesirable consequences for assessing violations in future applications. Moreover, the contribution argues that the case law demonstrates dangerously greater willingness to countenance public interest justifications and balancing in the context of Article 6. The finding in Beuze was that Belgium had violated Article 6 rights; the legacy of Beuze and the trends evident in the 2018 case law will be that governments in future applications will find it increasingly easy to justify infringements of those rights. Despite its protestations to the contrary, it seems that the Court intends to convert Article 6 into a two-word ‘fair trial’ guarantee, under which every application boils down to whether or not the overall proceedings were fair. This should trouble those who take an interest in the most heavily-litigated provision of the Convention.
INTRODUCTION
Article 6 of the European Convention on Human Rights (ECHR) has long been the most heavily-litigated of the ECHR's provisions. In 2018, more Article 6 violations were found than violations of Articles 2, 4, 7, 8, 9, 10, 11, 12, 13, and 14 – combined. The European Court of Human Rights (the Court) (ECtHR) routinely refers to aspects of Article 6 as being ‘fundamental’ and emphasises ‘the prominent place held in a democratic society by the right to a fair trial’’.
Given the significance of Article 6 to the ECHR system, therefore, the Court's case law on its provisions deserves careful scrutiny. This contribution is critical of the Court. It argues that the result of scrutiny being applied to recent cases should be concerning to anyone who takes an interest in this important provision. Indeed, I argue that the protections provided by Article 6 are being undermined by the Court's recent case law, particularly in the context of criminal proceedings. In a series of judgments, the Court has been answering crucial questions about Article 6's structure and drafting, and doing so in ways that seem removed from the text of the ECHR.
Linear modal instabilities of hypersonic flow over an elliptic cone
- Pedro Paredes, Ryan Gosse, Vassilis Theofilis, Roger Kimmel
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- Journal:
- Journal of Fluid Mechanics / Volume 804 / 10 October 2016
- Published online by Cambridge University Press:
- 09 September 2016, pp. 442-466
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- Article
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Steady laminar flow over a rounded-tip $2\,:\,1$ elliptic cone of 0.86 m length at zero angle of attack and yaw has been computed at Mach number $7.45$ and unit Reynolds number $Re^{\prime }=1.015\times 10^{7}~\text{m}^{-1}$. The flow conditions are selected to match the planned flight of the Hypersonic Flight Research Experimentation HIFiRE-5 test geometry at an altitude of 21.8 km. Spatial linear BiGlobal modal instability analysis of this flow has been performed at selected streamwise locations on planes normal to the cone symmetry axis, resolving the entire flow domain in a coupled manner while exploiting flow symmetries. Four amplified classes of linear eigenmodes have been unravelled. The shear layer formed near the cone minor-axis centreline gives rise to amplified symmetric and antisymmetric centreline instability modes, classified as shear-layer instabilities. At the attachment line formed along the major axis of the cone, both symmetric and antisymmetric instabilities are also discovered and identified as boundary-layer second Mack modes. In both cases of centreline and attachment-line modes, symmetric instabilities are found to be more unstable than their antisymmetric counterparts. Furthermore, spatial BiGlobal analysis is used for the first time to resolve oblique second modes and cross-flow instabilities in the boundary layer between the major- and minor-axis meridians. Contrary to predictions for the incompressible regime for swept infinite wing flow, the cross-flow instabilities are not found to be linked to the attachment-line instabilities. In fact, cross-flow modes peak along most of the surface of the cone, but vanish towards the attachment line. On the other hand, the leading oblique second modes peak near the leading edge and their associated frequencies are in the range of the attachment-line instability frequencies. Consequently, the attachment-line instabilities are observed to be related to oblique second modes at the major-axis meridian. The linear amplification of centreline and attachment-line instability modes is found to be strong enough to lead to laminar–turbulent flow transition within the length of the test object. The predictions of global linear theory are compared with those of local instability analysis, also performed here under the assumption of locally parallel flow, where use of this assumption is permissible. Fair agreement is obtained for symmetric centreline and symmetric attachment-line modes, while for all other classes of linear disturbances use of the proposed global analysis methodology is warranted for accurate linear instability predictions.