Analisis Peran Pengadilan HAM Eropa Dalam Perlindungan Hak-Hak Sipil dan Politik Negara Anggotanya. (Studi Putusan European Court of Human Rights No. 19601/16 (Kasus ADŽIĆ Vs. CROATIA) dan No. 41028/20 (Kasus ALPERIN Vs. UKRAINE))

Abstract

The right to a fair trial is a fundamental element in the protection of human rights, emphasizing public hearings, the independence and impartiality of courts, and the resolution of cases within a reasonable time, as enshrined in Article 6 of the ECHR (European Convention on Human Rights) and Article 10 of the UDHR (Universal Declaration of Human Rights). Although the UDHR is not legally binding, it provides a strong normative foundation for the establishment of a fair and accountable judicial system. In contrast, the ECHR is legally binding and monitored by the ECtHR(European Court of Human Rights). In practice, violations of fair trial principles still frequently occur, such as the failure to execute domestic court decisions or the breach of the presumption of innocence. These issues raise questions about the effectiveness of ECtHR supervision over state compliance. The cases of Adžić Vs. Croatia and Alperin v. Ukraine reflect these concerns within the broader context of civil and political rights protection. The research problems in this study are as follows: What is the concept of the right to a fair trial under the European Convention on Human Rights and the Universal Declaration of Human Rights? How did the judges consider the disputes in Adžić Vs. Croatia and Alperin v. Ukraine based on ECtHR Judgments No. 19601/16 and No. 41028/20 under international law? Have the civil rights fulfilled in ECtHR Judgments No. 19601/16 and No. 41028/20 provided legal certainty in the disputes of Adžić Vs. Croatia and Alperin v. Ukraine? This study applies a normative legal method, using statute, conceptual, case, and comparative approaches. The findings reveal that in Adžić, the ECtHR considered the state’s failure to execute a domestic custody ruling a violation of Articles 6 and 8 of the ECHR, stressing the need for effective access to justice. In Alperin, part of the application was rejected due to the applicant's failure to exhaust domestic remedies, although the Court recognized a violation of Article 1 of Protocol No. 1 of the ECHR. These findings underscore the ECtHR’s essential role in upholding the fair trial principle and ensuring legal certainty in civil rights within the European region.