RIGHT TO FAIR TRIAL

Article 6 protests the right to a fair trials.

You have the right to a fair and public trial or hearing if:

  • you are charged with a criminal offence and have to go to court, or
  • a public authority is making a decision that has a impact upon your civil rights or obligations.

In this context, your civil rights and obligations are those recognized in areas of UK law such as property law, planning law, family law, contract law and employment law.

You have the right to a fair and public hearing that:

  • is held within a reasonable time
  • is heard by an independent and impartial decision-maker
  • gives you all the relevant information
  • is open to the public (although the press and public can be excluded for highly sensitive cases)
  • allows you representation and an interpreter where appropriate, and
  • is followed by a public decision.

You will need to consider the right to a fair trial and/or fair hearing when you are working on legislation, a policy or a program that:

  • creates a new court or tribunal
  • regulates the appointment, remuneration or removal of judges or tribunal members from office
  • alters the jurisdiction of courts or tribunals, including by restricting the powers of courts to review administrative decisions
  • regulates the rules of evidence in courts or tribunals
  • provides for special procedures for witnesses to give evidence
  • limits the requirement of a court or tribunal to accord fair trial and/or fair hearing rights, for instance in relation to the disclosure of evidence to the accused
  • regulates the way in which the media may report on proceedings, for instance by authorizing grants of suppression orders or closing court proceedings to the public, or
  • provides international legal assistance or cooperation, including development of legislation and/or strengthening criminal justice systems.

The right to a fair trial is not new, but the scale and nature of the challenge is. The number of people directly affected by criminal justice is growing with new offences created every day and increasing numbers being jailed. Countries are developing swifter ways of imposing punishments, often without a trial; the global “war on terror” and flawed political talk of “rebalancing” criminal justice systems to make us safer has had a corrosive effect; dictators and authoritarian regimes are finding new ways of using criminal justice as a tool of oppression; and human rights face new threats from increasing cross-border cooperation to fight crime. 

The Right to a Fair Trial is recognized internationally as a fundamental human right and countries are required to respect it. Despite this, it is being abused across the world with devastating human and social consequences. We are working to put an end to these abuses, towards realizing our vision of a world where every person’s right to a fair trial is respected.

A trial which is observed by a trial judge without being partial is a fair trial. Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation.

The right to a fair and public hearing does not always apply to cases involving:

  • immigration law
  • extradition
  • tax, and
  • voting rights.

There is also no automatic right to an appeal (an application to a higher court for the reversal of the decision of a lower court).

The right of access to the courts can be restricted, for example, if you:

  • keep bringing cases without merit
  • miss the time-limit for bringing a case.

There are times when the public and press are denied access to a hearing. This can happen in the interests of protecting:

  • morals
  • public order or national security
  • children and young people, or
  • privacy.

The courts might also decide to exclude the public or press if they think that their presence is not in the interests of justice.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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