Denial of the Right to a Fair Trial

Violation Types

Legal elements

Denial of the Right to a Fair Trial : An individual was not presumed to be innocent
Denial 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
Denial 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
Denial of the Right to a Fair Trial : The person being charged was compelled to testify against themselves or to confess guilt
Denial 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
Denial of the Right to a Fair Trial : The person being charged was not heard by a competent, independent and impartial court or tribunal
Denial 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.
Denial of the Right to a Fair Trial : The person being charged was not tried within a reasonable time
Denial 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
Denial of the Right to a Fair Trial : The person charged was being tried or punished again for an offence for which they had already been finally convicted or acquitted

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 protect juvenile persons in criminal proceedings
Violation of the Right to a Fair Trial: Failure to respect the presumption of innocence
Violation of the Right to a Fair Trial: Forced confessions
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
Violation of the Right to a Fair Trial: Lack of suitable interpretation

Explainer: A right to a hearing which is fair; public; heard by an independent and impartial court or tribunal; and is heard within a reasonable time.

Legal instruments