Standards-for-Fair-Trial

THE RIGHT TO FAIR TRIAL AND DUE PROCESS

 

Pre-Trial Guarantees:

The prohibition on arbitrary arrest and detention

  1. The right to know the reasons for arrest
  2. The right to legal counsel
  3. The right to a prompt appearance before a judge to challenge the lawfulness of arrest and detention.
  4. Pre-trial detention not a general rule.
  5. The prohibition of torture and the right to humane conditions during pretrial detention
  6. The prohibition on incommunicado detention
  7. The right to prepare defense and to communicate with counsel
  8. Rights of juvenile persons

During Trial Guarantees:

  1. Equal access to, and equality before, the courts
  2. The right to a fair hearing
  3. The right to a competent, independent and impartial tribunal established by law
  4. The right to a presumption of innocence
  5. The right to prompt notice of the nature and cause of criminal charges
  6. The right to adequate time and facilities for the preparation of a defense
  7. The right to a trial without undue delay
  8. The right to examine witnesses
  9. The right to an interpreter
  10. The prohibition on self-incrimination
  11. The prohibition on retroactive application of criminal laws
  12. The use of closed material may compromise the right to a fair trial
  13. The right to be present during trial and to legal assistance:

Post-Trial Guarantees:

  1. The right to appeal
  2. The right to compensation for miscarriage of justice
  3. The right of a person not to be tried or punished again for an offence for which he has already been finally convicted or acquitted
  4. The right of the convicted to be treated with humanity