Saturday, 25th February 2017

Fair Trials

 

Universal Declaration of Human Rights, Article 10: "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."

 

You can help us make fair trials a reality. Contact us now.

 

Keystone

A credible legal system is pivotal to enhancing democracy, human rights, conflict prevention and – through reducing corruption and other crime in various societal sectors – advancing responsible and sustainable trade and economic development. And the keystone in any credible legal system is the fair trial.

What is a 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

i. places the burden of proof on the prosecution;

ii. guarantees that guilt cannot be presumed unless the charge has been proven beyond reasonable doubt;

iii. ensures that the accused has the benefit of doubt; and

v. requires persons accused of an offence to be treated in accordance with this principle.

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

 

Links on fair trials

 

What is a fair trial? - Human Rights First

Fair Trials Manual - Amnesty International

The Right to Fair Trial - UNHCR

The Right to a Fair Trial Under the European Convention on Human Rights - Interights

Guidelines on the Role of Prosecutors - OHCHR

International Commission of Jurists' Trial Observation Manual for Criminal Proceedings

 

Fair Trial Poll

Fair Trial

What do you consider to be the chances of getting a fair trial in your country?

Less than 25%
(0)
Between 26% and 50%
(0)
Between 76% and 90%
(0)
Between 51% and 75%
(0)
More than 90%
(0)
» Go to poll »
1 Votes left

Origin of Crime Poll

Fear of Crime by Whom?

In the developing world, which crimes do you think are feared the most: those committed by ordinary citizens or those committed by law enforcement agencies?

Law enforcement agencies through violence, corruption and abuse of power.
(0)
Ordinary citizens
(0)
Add a new response!
» Go to poll »
1 Votes left
 

Universal Declaration of Human Rights, Article 10: "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."

 

 

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