Premium Designs CMS & Blog Designs Logo Templates Facebook Layouts PowerPoint Layouts Ecard Templates Video Templates Design Sale

Super SaleWeb Templates ▪ Graphics ▪ Logos ▪ Icons BUY NOW FOR TODAY'S SPECIAL PRICE

Web Design Graphic Design Template Store Photo Store Software Store Ecommerce Store Hosting Store Travel Store

Right to a fair trial ▪ Sale

Criminal procedure
Criminal trials and convictions
Rights of the accused
Fair trial Speedy trial Jury trial Counsel Presumption of innocence Exclusionary rule Self-incrimination Double jeopardy
Verdict
Conviction Acquittal Not proven Directed verdict
Sentencing
Mandatory Suspended Custodial Dangerous offender Capital punishment Execution warrant Cruel and unusual punishment Life Indefinite
Post-sentencing
Parole Probation Tariff Life licence Miscarriage of justice Exoneration Pardon Sexually violent predator legislation
Related areas of law
Criminal defenses Criminal law Evidence Civil procedure
Portals
Law Criminal justice
US courts Not in English/Welsh courts Scottish courts English/Welsh courts Canadian courts UK courts Indian courts
v t e

The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided.

Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is or is not a fair trial, for example the right to a jury trial and other important procedures vary from nation to nation.

Definition in international human rights law [edit]

The right to fair trial is very helpful in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the key provision is Article 10 which states that:

"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."

Some years after the UDHR was adopted it was decided that the right to a fair trial should be defined in more detail in the International Covenant on Civil and Political Rights (ICCPR). The right to a fair trial is protected in Articles 14 and 16 of the ICCPR which is binding in international law on the 72 states that have ratified it. Article 14(1) establishes the basic right to a fair trial, article 14(2) provides for the presumption of innocence, and article 14(3) sets out a list of minimum fair trial rights in criminal proceedings. Article 14(5) establishes the right of a convicted person to have a higher court review the conviction or sentence, and article 14(7) prohibits double jeopardy. Article 14(1) states that:

"All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children."

Geneva Conventions - International right to a fair trial when no crime is alleged [edit]

The Geneva Conventions guarantee soldiers the right not to be put on trial for fighting in a war - unless they commit a war crime (a grave breach) or other crime. Most held under the Geneva Conventions are not accused of a crime and therefore it would be a war crime under the Geneva Conventions to give them a trial. This protection against getting a trial is fully consistent with human rights law because human rights law prohibits putting people on trial when there is no crime to try them for. The Geneva Conventions however guarantee that anyone charged with a war crime or other crime must get a fair trial.

Definition in regional human rights law [edit]

The right to a fair trial is enshrined in articles 3, 7 and 26 of the African Charter on Human and Peoples' Rights (ACHPR).

The right to a fair trial is also enshrined in articles 5, 6 and 7 of the European Charter on Human Rights and articles 2 to 4 of the 7th Protocol to the Charter.

The right to a fair trial is furthermore enshrined in articles 3, 8, 9 and 10 of the American Convention on Human Rights.

Relationship with other rights [edit]

The right to equality before the law is sometimes regarded as part of the rights to a fair trial. It is typically guaranteed under a separate article in international human rights instruments. The right entitles individuals to be recognised as subject, not as object, of the law. International human rights law permits no derogation or exceptions to this human right. Closely related to the right to a fair trial is the prohibition on ex post facto law, or retroactive law, which is enshrined in human rights instrument separately from the right to fair trial and can not be limited by states according to the European Convention on Human Rights and the American Convention on Human Rights.

Fair trial rights [edit]

The right to a fair trial has been defined in numerous regional and international human rights instruments. It is one of the most extensive human rights and all international human rights instruments enshrine it in more than one article. The right to a fair trial is one of the most litigated human rights and substantial case law has been established on the interpretation of this human right. Despite variations in wording and placement of the various fair trial rights, international human rights instrument define the right to a fair trial in broadly the same terms. The aim of the right is to ensure the proper administration of justice. As a minimum the right to fair trial includes the following fair trial rights in civil and criminal proceedings:

• the right to be heard by a competent, independent and impartial tribunal
• the right to a public hearing
• the right to be heard within a reasonable time
• the right to counsel
• the right to interpretation

States may limit the right to a fair trial or derogate from the fair trial rights only under circumstances specified in the human rights instruments.

The right to a fair trial in civil proceedings [edit]

The European Court of Human Rights and the Inter-American Court of Human Rights have clarified that the right to a fair trial applies to all types of judicial proceedings, whether civil and criminal. According to the European Court of Human Rights Article 6 of the European Convention on Human Rights and the fair trial rights apply to all civil rights and obligations created under domestic law and therefore to all civil proceedings (see Apeh Uldozotteinek Szovetsege and Others v. Hungary 2000).

The right to a fair trial in administrative proceedings [edit]

Both the European Court of Human Rights and the Inter-American Court of Human Rights have clarified that the right to a fair trial applies not only to judicial proceedings, but also administrative proceedings. If an individual's right under the law is at stake, the dispute must be determined through a fair process.

The right to a fair trial in special proceedings [edit]

In Europe special proceeding may also be subject to Article 6 of the European Convention on Human Rights. In Mills v. the United Kingdom 2001 the European Court of Human Rights held that a court-martial was subject to Article 6 because of the defendants had been accused of what the court considered to be serious crime, assault with a weapon and wounding.

The African Commission on Human and Peoples' Rights (ACHPR) frequently deals with instances where civilians are tried by military tribunals for serious crimes. The ACHPR has held that on the face of it military courts to do not satisfy civilians' right to a fair trial (see Constitutional Rights Project v. Nigeria). In this respect the ACHPR has reaffirmed the right to counsel as essential in guaranteeing a fair trial. The ACHPR held that individuals have the right to choose their own counsel and that giving the military tribunal the right to veto a counsel violates the right to a fair trial.

Impeding a fair trial [edit]

A fair trial might be impeded by:

• Contempt of court (typically by the media or jurors)
• Witness intimidation
• Non-disclosure of evidence, through malice or through abuse of State Secrets Privilege (in the USA/) or Public-interest immunity (in the UK)

See also [edit]

• Change of venue
• Legal aid
• Natural justice

References [edit]

External links [edit]

• Doswald-Beck, Louise. Fair Trial, Right to, International Protection, Max Planck Encyclopedia of Public International Law
• Fair Trials International, a London based human rights charity

v t e Articles of the Universal Declaration of Human Rights   General principles Article 1: Freedom, Egalitarianism, Dignity and Brotherhood Article 2: Universality of rights   International Covenant on Civil and Political Rights Articles 1 and 2: Right to freedom from discrimination Article 3: Right to life, liberty and security of person Article 4: Freedom from slavery Article 5: Freedom from torture or cruel and unusual punishment Article 6: Right to personhood Article 7: Equality before the law Article 8: Right to effective remedy from the law Article 9: Freedom from arbitrary arrest, detention or exile Article 10: Right to a fair trial Article 11.1: Presumption of innocence Article 11.2: Prohibition of retrospective law Article 12: Right to privacy Article 13.1: Freedom of movement Article 13.2: Right of return Article 14: Right of asylum Article 15: Right to a nationality Article 16: Right to marriage and family life Article 17: Right to property Article 18: Freedom of thought, conscience and religion Article 19: Freedom of opinion and expression and information Article 20.1: Freedom of assembly Article 20.2: Freedom of association Article 21.1: Right to participation in government Article 21.2: Right of equal access to public office Article 21.3: Right to universal suffrage   International Covenant on Economic, Social and Cultural Rights Article 22: Right to social security Article 23.1: Right to work Article 23.2: Right to equal pay for equal work Article 23.3: Right to just remuneration Article 23.4: Right to join a trade union Article 24: Right to rest and leisure Article 25.1: Right to an adequate standard of living Article 25.2: Right to special care and assistance for mothers and children Article 26.1: Right to education Article 26.2: Human rights education Article 26.3: Right to choice of education Article 27: Right to science and culture   Context, limitations and duties Article 28: Social order Article 29.1: Social responsibility Article 29.2: Limitations of human rights Article 29.3: The supremacy of the purposes and principles of the United Nations Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. Human rights category · Human rights portal

v t e Substantive human rights Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights. Civil and political Equality before the law Freedom from arbitrary arrest and detention Freedom from cruel and unusual punishment Freedom from discrimination Freedom from exile Freedom from slavery Freedom from torture Freedom of assembly Freedom of association Freedom of information Freedom of movement Freedom of religion Freedom of speech Freedom of thought Liberty Marriage Family LGBT rights Nationality Personhood Presumption of innocence Privacy Right of asylum Right to a fair trial Right to die Right to keep and bear arms Right to life Right to protest Security of person Universal suffrage Economic, social and cultural Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to development Right to education Right to food Right to health Right to housing Right to clothing Right to Internet access Right to property Right to public participation Right of return Right to science and culture Right to social security Right to water Right to work Trade union membership Reproductive Abortion Family planning Freedom from involuntary female genital mutilation Reproductive health War and conflict Civilian Combatant Freedom from genocide Prisoner of war War rape

Popular search requests

Right to a fair trial is an object of interest for many people. For example, the people often search for Right to a fair trial website, Right to a fair trial blog, Right to a fair trial online, Right to a fair trial information, Right to a fair trial photo, Right to a fair trial picture, Right to a fair trial video, Right to a fair trial movie, Right to a fair trial history, Right to a fair trial news, Right to a fair trial facts, Right to a fair trial description, Right to a fair trial detailed info, Right to a fair trial features, Right to a fair trial manual, Right to a fair trial instructions, Right to a fair trial comparison, Right to a fair trial book, Right to a fair trial story, Right to a fair trial article, Right to a fair trial review, Right to a fair trial feedbacks, Right to a fair trial selection, Right to a fair trial data, Right to a fair trial address, Right to a fair trial phone number, download Right to a fair trial, Right to a fair trial reference, Right to a fair trial wikipedia, Right to a fair trial facebook, Right to a fair trial twitter, Right to a fair trial 2013, Right to a fair trial 2014, Right to a fair trial in the United States, Right to a fair trial USA, Right to a fair trial US, Right to a fair trial in United Kingdom, Right to a fair trial UK, Right to a fair trial in Canada, Right to a fair trial in Australia, etc.

Right to a fair trial is also an object of commercial interest. For example, many people are interested in Right to a fair trial offers, Right to a fair trial buy, Right to a fair trial sell, Right to a fair trial sale, Right to a fair trial discounts, discounted Right to a fair trial, Right to a fair trial coupon, Right to a fair trial promo code, Right to a fair trial order, to order Right to a fair trial online, to buy Right to a fair trial, how much for Right to a fair trial, Right to a fair trial price, Right to a fair trial cost, Right to a fair trial price list, Right to a fair trial tariffs, Right to a fair trial rates, Right to a fair trial prices, Right to a fair trial delivery, Right to a fair trial store, Right to a fair trial online store, Right to a fair trial online shop, inexpensive Right to a fair trial, cheap Right to a fair trial, Right to a fair trial for free, free Right to a fair trial, used Right to a fair trial, and so on.

Information source: wikipedia.org

Do you want to know more? Look at the full version of the Right to a fair trial article.

HOT DESIGNS ▪ Premium designs ▪ Designs by country ▪ Designs by U.S. state ▪ Most popular designs ▪ Newest, last added designs ▪ Unique designs ▪ Cheap, budget designs ▪ Design super sale DESIGNS BY THEME ▪ Accounting, audit designs ▪ Adult, sex designs ▪ African designs ▪ American, U.S. designs ▪ Animals, birds, pets designs ▪ Agricultural, farming designs ▪ Architecture, building designs ▪ Army, navy, military designs ▪ Audio & video designs ▪ Automobiles, car designs ▪ Books, e-book designs ▪ Beauty salon, SPA designs ▪ Black, dark designs ▪ Business, corporate designs ▪ Charity, donation designs ▪ Cinema, movie, film designs ▪ Computer, hardware designs ▪ Celebrity, star fan designs ▪ Children, family designs ▪ Christmas, New Year's designs ▪ Green, St. Patrick designs ▪ Dating, matchmaking designs ▪ Design studio, creative designs ▪ Educational, student designs ▪ Electronics designs ▪ Entertainment, fun designs ▪ Fashion, wear designs ▪ Finance, financial designs ▪ Fishing & hunting designs ▪ Flowers, floral shop designs ▪ Food, nutrition designs ▪ Football, soccer designs ▪ Gambling, casino designs ▪ Games, gaming designs ▪ Gifts, gift designs ▪ Halloween, carnival designs ▪ Hotel, resort designs ▪ Industry, industrial designs ▪ Insurance, insurer designs ▪ Interior, furniture designs ▪ International designs ▪ Internet technology designs ▪ Jewelry, jewellery designs ▪ Job & employment designs ▪ Landscaping, garden designs ▪ Law, juridical, legal designs ▪ Love, romantic designs ▪ Marketing designs ▪ Media, radio, TV designs ▪ Medicine, health care designs ▪ Mortgage, loan designs ▪ Music, musical designs ▪ Night club, dancing designs ▪ Photography, photo designs ▪ Personal, individual designs ▪ Politics, political designs ▪ Real estate, realty designs ▪ Religious, church designs ▪ Restaurant, cafe designs ▪ Retirement, pension designs ▪ Science, scientific designs ▪ Sea, ocean, river designs ▪ Security, protection designs ▪ Social, cultural designs ▪ Spirit, meditational designs ▪ Software designs ▪ Sports, sporting designs ▪ Telecommunication designs ▪ Travel, vacation designs ▪ Transport, logistic designs ▪ Web hosting designs ▪ Wedding, marriage designs ▪ White, light designs E-COMMERCE DESIGNS ▪ Magento store designs ▪ OpenCart store designs ▪ PrestaShop store designs ▪ CRE Loaded store designs ▪ Jigoshop store designs ▪ VirtueMart store designs ▪ osCommerce store designs ▪ Zen Cart store designs CMS DESIGNS ▪ Flash CMS designs ▪ Joomla CMS designs ▪ Mambo CMS designs ▪ Drupal CMS designs ▪ WordPress blog designs ▪ Forum designs ▪ phpBB forum designs ▪ PHP-Nuke portal designs ANIMATED WEBSITE DESIGNS ▪ Flash CMS designs ▪ Silverlight animated designs ▪ Silverlight intro designs ▪ Flash animated designs ▪ Flash intro designs ▪ XML Flash designs ▪ Flash 8 animated designs ▪ Dynamic Flash designs ▪ Flash animated photo albums ▪ Dynamic Swish designs ▪ Swish animated designs ▪ jQuery animated designs WEBSITE DESIGNS ▪ WebMatrix Razor designs ▪ HTML 5 designs ▪ Web 2.0 designs ▪ 3-color variation designs ▪ 3D, three-dimensional designs ▪ Artwork, illustrated designs ▪ Clean, simple designs ▪ CSS based website designs ▪ Full design packages ▪ Full ready websites ▪ Portal designs ▪ Stretched, full screen designs ▪ Universal, neutral designs CORPORATE ID DESIGNS ▪ Corporate identity sets ▪ Logo layouts, logo designs ▪ Logotype sets, logo packs ▪ PowerPoint, PTT designs ▪ Facebook themes VIDEO, SOUND & MUSIC ▪ Video e-cards ▪ After Effects video intros ▪ Special video effects ▪ Music tracks, music loops ▪ Stock music bank GRAPHICS & CLIPART ▪ Pro clipart & illustrations, $19/year ▪ 5,000+ icons by subscription ▪ Icons, pictograms

Right to a fair trial Sale - Buy now!