Addressing Wrongful Convictions or Miscarriages of Justice in the BRICS Nations

Abstract

For many decades, international human rights law has recognised the danger of wrongful convictions and miscarriages of justice. It is against this background that measures have been taken to prevent or combat wrongful convictions. Thus, Article14 of the International Covenant on Civil and Political Rights provides for the right to a fair trial as well as compensation in the case of amiscarriage of justice. The BRICS nations have implemented measures at the national level to prevent or combat wrongful convictions before and during trial as well as after conviction. These have included constitutional protection of the right to a fair trial, the establishment of a system to review convictions after the appeals process has been exhausted, should the offender exercise his or her right of appeal, and compensation for wrongful conviction in some countries. The purpose of this article is to highlight these measures and where needed, suggest ways in which these countries can learn from one another to prevent or minimise cases of wrongful convictions.