Right to a fair trial

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Written by  Published in Initiatives & Projects Friday, 12 February 2016 00:00

Right to a fair trial

Main article: Right to a fair trial
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.[89]

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.[90] 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.[91] 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.[92] 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:[93]

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[93]

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