Violation of the Right to a Fair Trial_3_A2591

Human Rights Violations
Violation Type
Violation of the Right to a Fair Trial
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 promptly informed in detail of the nature and cause of the charge.
  • Violation of the Right to a Fair Trial : The person being charged was not tried within a reasonable time
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: Denial of compensation in the event of miscarriage of justice
  • Violation of the Right to a Fair Trial: Denial of contact with outside world
  • Violation of the Right to a Fair Trial: Denial of prompt access to the information on charges against him or her
  • Violation of the Right to a Fair Trial: Failure to respect the presumption of innocence
  • 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
  • 2009
Location Where the Violation Occurred
Affiliated Organisation
  • Ministry of State Security
  • Ministry of People's Security 2
Province Where the Violation Occurred
  • North Hamgyong 3
Event
Event3
Date Range
Mar 1, 2009 ~ Aug 31, 2010
Responsible Perpetrator