Core Value 6: Embodies fairness

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  • 1. Every person charged with an offence has the right to be presumed innocent until proved guilty according to law in a trial at which the accused has had all the guarantees necessary for his or her defence.[1]
  • 2. The accused has the right to be present at every stage of the proceeding.[2]
  • 3. Every person accused of a crime is entitled: to defend him or herself in person or through an attorney of his or her choosing; to be informed of this right if the accused does not have an attorney; to have an attorney assigned to the accused in any case where the liberty of the accused is at stake; and to be free of the obligation to pay legal fees if he or she does not have sufficient means to pay them.[3]

Every person is free to proceed without an attorney if he or she has been advised of the perils of doing so.[4] Consultation between the accused and his or her attorney is confidential.[5] 4. Every person is entitled to a fair hearing by an independent and impartial tribunal in the determination of his or her rights and obligations and in the adjudication of any criminal charge against him or her.[6]

  • 5. Every person is entitled to free assistance of an interpreter for written and oral communications at every state of the proceedings, from initiation of charges through the appeal.[7]
  • 6. The accused is entitled to examine the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her.[8]
  • 7. The accused is never compelled to testify against him or herself, and invocation of this right cannot used against the accused at any stage of the proceedings.[9]
  • 8. Any confession or guilty plea, if offered, is made knowingly, voluntarily and intelligently after receiving advice as to the consequence of doing so.[10]
  • 9. The accused has adequate time, legal resources, and the right to discovery for the preparation of a defence.[11]
  • 10. No person is adjudicated guilty of any offence on account of any act or omission that did not constitute an offence, under national or international law, when the act or omission was committed. Nor is a heavier penalty imposed than the one that was allowed when the offence was committed.[12]
  • 11. No person is liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law.[13]
  • 12. The accused has the right to legal counsel in direct appeal of a conviction.[14]

See Core Values

References

  1. UDHR, Art. 11; ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18.
  2. See ICCPR, Art. 14; HRC General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, para. 36, 24 July 2007.
  3. See ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18.
  4. See HRC General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, para. 37, 23 Aug. 2007.
  5. HRC General Comment No. 13, Article 14: Right to equality before courts and tribunals and to a fair trial, para. 9, 13 April 1984.
  6. UDHR, Art. 10; ICCPR, Art. 14
  7. See ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18; HRC General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, para. 40, 24 July 2007.
  8. ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18.
  9. See ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18.
  10. See ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18. xl See ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18; Saybibi Khuseynova and Pardakhon Butaeva on behalf of their sons, Ibrokhim Khuseynov and Todzhiddin Butaev, v. Tajikistan, HRC, Communication No. 1263/2004 & 1264/2004, para. 8.3, 20 Oct. 2008 (noting that confessions must be free of physical or psychological coercion); McCarthy v. U.S., 394 U.S. 459 (U.S. Supreme Court (Ill.) (1969)).
  11. ICCPR, Art. 14; CMW, Art. 18; HRC General Comment No. 13, Article 14: Equality before the courts and the right to a fair and public hearing by an independent court established by law, para. 9, 13 April 1984.
  12. UDHR, Art. 11; ICCPR, Art. 14; CRC, Art. 40
  13. ICCPR, Art. 14; CMW, Art. 18.
  14. See ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18.