Abstract
Articles 14 and 15 in ICCPR provide fair trial rights. The 16 concrete guarantees of fair trial rights are usually classified into three parts: basic rules, minimum guarantees and other provisions. A proceeding complying by those concrete guarantees can not necessarily accord with the requirement of fair trial rights, because article 14, paragraph 1 provides a special kind of right—the general right to a fair trial. Unlike the concrete guarantees, the general right to a fair trial requires to evaluate the proceedings as a whole. In the process of interpreting ICCPR, the Human Rights Committee has added more and more concrete guarantees to fair trial rights via the general right to a fair trial.
Highlights
Articles and in ICCPR provide fair trial rights
The second sentence of the same paragraph entitles individuals to a fair and public hearing by a competent, independent and impartial tribunal established by law, if they face any criminal charges or if their rights and obligations are determined in a suit at law
Paragraph 1 and paragraph 2 of article 14 provides the right to be equal before the courts; the right to a fair and public hearing by a competent, independent and impartial tribunal established by law; and the right to be presumed innocent
Summary
The first sentence of article 14, paragraph 1 guarantees the right to equality before courts and tribunals. The right of access to courts and tribunals and equality before them is not limited to citizens of States parties, but must be available to all individuals, regardless of nationality or statelessness. This guarantee prohibits any distinctions regarding access to courts and tribunals that are not based on law and cannot be justified on objective and reasonable grounds. The right to equality before courts and tribunals ensures equality of arms This means that the same procedural rights are to be provided to all the parties unless distinctions are based on law and can be justified on objective and. The publicity of judgment has two means: oral publicity and documentary publicity
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