Common Standards of Fair Trial in Administration of Justice

Explicit prescription of prosecution and adjudication by statutory law;

Determination and imposition of penal sanctions (imprisonment) only by judicial authority;

Competency, Independency and impartiality of adjudication officer;

Reasonable time period for investigation and access of accused for his/her representation by defence lawyer;

Information to the accused of his/her arrest, detention, charge and notification to family and lawyers;

Prohibition on corporal punishment, torture, inhuman treatments and application of coercive measures;

Provision of compensation or indemnity in terms of miscarriage of justice and mistreatment;

Ensured right to judicial remedy during investigation, pre-trial, trial and post- trial and appeal against decisions;

Free legal aid under State’s sponsorship;

Access to appeal against trial court jurisdiction and second appeal;

Burden of proof rests on the shoulder of prosecutor;

Statutory guarantee of the procedural safeguards (statutory law should specify the proceedings and may not delegate to formulate proceeding by adjudicator on his/her own);

Public hearing and trial.

Application of reasonable and moderate bail;

Application of special standards enhancing the notion of fair trial (camera hearing, arrest of women by police women, hearing the cases of juveniles in presence of defence lawyer and child specialists etc.);

Applications of non-custodial measures as alternatives of imprisonment; and,

Application of corrective and rehabilitative measures in punishment in the interest of community and victims.

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