Violation of the Right to a Fair Trial_A2122

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 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
  • 2004
Location Where the Violation Occurred
Affiliated Organisation
  • People's Committee of North Korea 2
  • Ministry of People's Security 3
  • Ministry of State Security
Province Where the Violation Occurred
  • North Hamgyong 3
  • South Hamgyong 2
  • Ryanggang
Event
Event1
Date Range
Mar 1, 2004 ~ Oct 31, 2004