Private: International Human Rights Law Content
Concept of Fair Trial
Fair means having the qualities of impartiality and honesty. It is free from prejudice, favoritism and self interest. A fair trial does not mean fair judgment but it means, “Getting a fair judgment through legal means or due process.” Means to get the truth includes the investigation conducted by the police, Prosecutors defense lawyers, and how to prove evidence during the trial.
The right to fair trial is a core element in the concept of rule of law, as well as for the protection of human rights.
The protection of the right to a fair trial in civil and criminal proceedings is vital in any democratic society.
The term ‘fair trial’ comprise all processes of criminal justice commencing from the investigation to ultimate stage of trial.
Fair trial is for ensuring scientific mechanism of crime investigation and imposition of punishment for public safety. Therefore, notion of fair trial requires very scientific approach of functioning of all the agencies involved in investigation, prosecution, adjudication and administration of correctional systems.
Fair trial has been central concern of international community in respect of protection, promotion and fulfilment of civil and political rights throughout world. It has been considered as most crucial measure required to be applied for the administration of justice, particularly, the criminal justice.
In a fair trial,
Examination of allegation is done. It is performed by prosecutor.
Examination of evidence is done. It is performed by defense lawyer.
Liability is determined. It is carried out by the Judge.
Why is Fair Trial needed?
State v. Individual
Suspect is in Custody
Suspect is affected by Circumstances
Suspect May Lack Resources
How Fair Trial work in the Criminal Proceedings?
1.Minimize the Danger of Police Power being Abused.
2.Safeguards against Illegal and Improper Interference,
3.Protects Suspects Rights relating to Arrest and Detention.