Difference between revisions of "Right to a Fair Trial"

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(Created page with '== International Sources == ===International Convenant on Civil and Political Rights=== '''Article 14''' 1. All persons shall be equal before the courts and tribunals. In the �')
 
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2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.
 
2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.
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== Examples of Right to fair trial ==
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===Cambodia===
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* No prosecution or arrest is allowed that is not in accordance with the law (art.38 Constitution)
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* The accused shall be considered innocent until the court has judged finally on the case (art. 38 Constitution)
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===China===
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* The client is presumed innocent until judged guilty by a People's Court according to law (art 12 CPL)
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===India===
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* The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. (art.14 Constitution)
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* For a trial to be fair, it must be an open court trial (s.327 CPC)
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* An accused shall be informed that he is entitled to have his case tried by another court. However, he has no right to select or determine by which other court the case is to be tried (s.191 CPC)
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* No explicit law on presumption of innocence in domestic law, BUT- Signatory to the UDHR which states:
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===Rwanda===
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* Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved in accordance with the law in a public and fair hearing in which all the necessary guarantees for defence have been made available. (Article 44 CPC, Article 19 Rwandan Constitution)
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===Zimbabwe===
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* Every person is entitled to a fair hearing within a reasonable time by an independent and impartial court (s (18)(9) Constitution)
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* Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty; (s. (18) (3) (a) Constitution)

Revision as of 09:23, 4 May 2010