Violation of the Right to a Fair Trial_1_A1885

Human Rights Violations

Legal Elements

Violation of the Right to a Fair Trial : An individual was not presumed to be innocent
Violation of the Right to a Fair Trial : The person being charged did not have access to examine the witnesses or to instruct their legal assistant to examine the witnesses
Violation of the Right to a Fair Trial : The person being charged did not have sufficient time to prepare a defence or to communicate with counsel of his own choosing
Violation of the Right to a Fair Trial : The person being charged was not able to defend themselves in person or through legal assistance or to have legal assistance assigned without payment if the person did not have sufficient means to pay for it
Violation of the Right to a Fair Trial : The person being charged was not heard by a competent, independent and impartial court or tribunal
Violation of the Right to a Fair Trial : The person being charged was not tried within a reasonable time
Violation of the Right to a Fair Trial : The person charged did not have access to their conviction and sentence being reviewed by a higher tribunal

Constituting Acts

Violation of the Right to a Fair Trial: Denial of a speedy trial (excessive and unjustified delays in the trial or the appeal process)
Violation of the Right to a Fair Trial: Denial of access to legal aid
Violation of the Right to a Fair Trial: Denial of appeal (Denial of review by a higher tribunal)
Violation of the Right to a Fair Trial: Failure to respect the presumption of innocence
Violation of the Right to a Fair Trial: Inability of the accused to question relevant witnesses
Violation of the Right to a Fair Trial: Lack of adequate time and facilities for preparation of defence
Violation of the Right to a Fair Trial: Lack of an independent and transparent judiciary or tribunal

Year of Violation

Location Where the Violation Occurred

Affiliated Organisation

Province Where the Violation Occurred

North Korean Prison Database