The right to a fair trial is guaranteed if individuals can have recourse to ‘a competent, independent and impartial tribunal’, as recognised by international Conventions, such as the ICCPR and the American Convention. Whenever a person’s rights are interfered with, she/he can only defend herself/himself adequately if she/he enjoys an effective recourse to due process.ġ.
The importance of these rights in the protection of human rights is underscored by the fact that the implementation of all human rights depends upon the proper administration of justice. The rules applicable to the administration of justice are wide and refer to, inter alia, a fair and public hearing, the presumption of innocence and the independence and impartiality of the tribunal. The right to a fair trial is interpreted here as the rules administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and with safeguards for the protection of individual rights. The right to a fair trial does not focus on a single issue, but rather consists of a complex set of rules and practices. As due process rights are traditionally known among human right experts to centre on the right to a fair trial and the right to an effective remedy, the first three elements are discussed under the heading of fair trial, while effectiveness is discussed under the right to an effective remedy. As this handbook focuses on a variety of Conventions, four elements of due process are discussed: a) quality in terms of administration of justice b) quality in terms of protection of the rights of the parties involved c) efficiency and d) effectiveness. In most Conventions, the various rules are included in several articles. The rules applicable to the administration of justice are extensive and refer to, inter alia, fair trial, presumption of innocence and independence and impartiality of the tribunal. Due process is interpreted here as the rules administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and with safeguards for the protection of individual rights. The rights to due process place limitations on laws and legal proceedings, in order to guarantee fundamental fairness and justice. In a broad sense, due process is interpreted here as the right to be treated fairly, efficiently and effectively by the administration of justice.
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