ABSTRACT

From an international human rights perspective, the administration of justice is first and foremost a matter of fair trial based on the right of everyone charged with a criminal offence to be presumed innocent until proved guilty according to law. This emphasis on fair trial – that is, a fair and public hearing by a competent, independent and impartial tribunal established by law (and not, for example, by a presidential or monarchical decree) – results in the elaboration of various procedural rights and standards in, for example, the International Covenant on Civil and Political Rights (ICCPR) such as:

the right to be informed promptly about the charges;

the right to be tried without undue delay, to defend oneself in person or through legal assistance of one’s own choosing;

the right to examine witnesses, and

the right not to be compelled to testify against oneself or to confess guilt (see Art. 10 and 11 ICCPR for more details).