The right to a fair trial

Everyone has the right to a fair trial, and - according to the international human rights mechanisms - this right can be violated in a variety of ways, including by:

• hearing criminal charges before administrative bodies which are not independent and impartial courts;

• trials in which, from the beginning, one party has a significant advantage over the other (this is said to breach the principle of "equality of arms");

• excessive delays in bringing a case to trial and/or in completing court proceedings;

• secret trials;

• failing to respect the presumption of innocence by denying procedural protection to accused persons (e.g. information about the nature of the charge, time to prepare a defence, access to a lawyer, the possibility to confront witnesses and (if necessary) access to interpretation).

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International human rights mechanisms which protect the right to a fair trial

The right to a fair trial is protected by the following international human rights mechanisms (click on the links to find out more about how to use these mechanisms):

United Nations Human Rights Committee

Special Representative on Human Rights Defenders

Special Rapporteur on the Independence of Judges and Lawyers

1503 Procedure

Working Group on Arbitrary Detention

Inter-American Commission on Human Rights

African Commission on Human and People's Rights

European Court of Human Rights