FAIR TRIAL

The basic criteria of this basic human right are:

PRE-TRIAL RIGHTS

1. The prohibition on arbitrary arrest and detention

2. The right to know the reasons for arrest

3. The right to legal counsel

4. The right to a prompt appearance before a judge to challenge the lawfulness of arrest and detention

5. The prohibition of torture and the right to humane conditions during pre-trial detention

6. The prohibition on incommunicado detention

THE HEARING

1. Equal access to and equality before the courts

2. The right to a fair hearing

3. The right to a public hearing

4. The right to a competent, independent and impartial tribunal established by law

5. The right to a presumption of innocence

6. The right to prompt notice of the nature and cause of criminal charges

7. The right to adequate time and facilities for the preparation of a defence

8. The right to a trial without undue delay

9. The right to defend oneself fully in person or through legal counsel

10. The right to examine witnesses

11. The prohibition on self-incrimination

12. The right not to be discriminated against on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

13. The prohibition on retroactive application of criminal law.

14. The right that guilt must be proved beyond reasonable doubt.

15. The right that punishment must be proportionate.

POST-TRIAL RIGHTS

1. The right to appeal

2. The right to compensation for miscarriage of justice

For fair trial resources, click on 'Links' on the top menu bar.