International law fair hearing

The right to a fair trial is a basic human right.
It is one of the universally applicable principles recognized in the Universal Declaration of Human Rights adopted by the world’s governments in 1948 and still the cornerstone of the international human rights system.

Thus, a fair hearing should reflect the equality of arms by way of participation by all parties in parity to a trial, which includes ,the accused, who is key in the trial.

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The Legal Provisions The major legal provisions on fair trial are to be found in article 14 of the International Covenant on Civil and Political Rights, article 7 of the African Charter on Human and Peoples’ Rights, article 8 of the American Convention on Human Rights and article 6 of the European Convention on Human Rights.

in civil and criminal matters forms an intrinsic part of the right to a fair hearing and means that there must at all times be a fair balance between the prosecution/plaintiff and the defence.
At no stage of the proceedings must any party be placed at a disadvantage vis-à-vis his or her opponent. 25Eur.

The European Court of Human Rights held in several cases that National Security Courts trying civilians in Turkey lacked the independence and impartiality required by article 6(1) of the European Convention on Human Rights and could not, consequently, guarantee the applicants’ right to a fair hearing

The Legal Provisions The major legal provisions on fair trial are to be found in article 14 of the International Covenant on Civil and Political Rights, article 7 of the African Charter on Human and Peoples’ Rights, article 8 of the American Convention on Human Rights and article 6 of the European Convention on Human Rights

The right to fair hearing has traditionally been an indispensable aspect of the rules of natural justice

Broadly, the right to a fair hearing contains of several elements including but not limited to the right to a free and fair public hearing, the right to an independent and impartial tribunal and the right to present at an oral hearing