
Contents
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Article 14(1) Article 14(1)
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‘Suit at Law’ ‘Suit at Law’
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Equality Before the Courts Equality Before the Courts
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Access to Courts Access to Courts
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Requisite Characteristics of Tribunals Requisite Characteristics of Tribunals
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Military Courts Military Courts
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Elements of a Fair Trial Elements of a Fair Trial
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Expeditious Hearings Expeditious Hearings
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Public Hearings Public Hearings
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Article 14(2)—The Presumption of Innocence Article 14(2)—The Presumption of Innocence
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Article 14(3)(a)—The Right to be Informed of the Charge Article 14(3)(a)—The Right to be Informed of the Charge
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Article 14(3)(b)—Preparation of the Defence Article 14(3)(b)—Preparation of the Defence
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What is ‘Adequate Time’? What is ‘Adequate Time’?
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What are ‘Adequate Facilities’? What are ‘Adequate Facilities’?
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Right to Communicate with Counsel of One’S Own Choosing Right to Communicate with Counsel of One’S Own Choosing
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Article 14(3)(c)—Trial without Undue Delay Article 14(3)(c)—Trial without Undue Delay
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Article 14(3)(d) Article 14(3)(d)
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Trial in one’s own Presence Trial in one’s own Presence
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Right to Counsel of one’s own Choice Right to Counsel of one’s own Choice
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Rights to Legal Aid for Defendants with Insufficient Means to Pay Rights to Legal Aid for Defendants with Insufficient Means to Pay
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Guarantee of Competent Representation Guarantee of Competent Representation
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Article 14(3)(e)—Rights Regarding Witness Attendance and Examination Article 14(3)(e)—Rights Regarding Witness Attendance and Examination
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Article 14(3)(f)—Right to Free Assistance of an Interpreter if Needed Article 14(3)(f)—Right to Free Assistance of an Interpreter if Needed
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Article 14(3)(g)—Freedom from Compulsory Self-incrimination Article 14(3)(g)—Freedom from Compulsory Self-incrimination
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Article 14(4)—Rights of a Juvenile Accused Article 14(4)—Rights of a Juvenile Accused
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Article 14(5)—Right to an Appeal in Criminal Cases Article 14(5)—Right to an Appeal in Criminal Cases
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Article 14(6)—Right to Compensation for Miscarriage of Justice Article 14(6)—Right to Compensation for Miscarriage of Justice
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Article 14(7)—Freedom from Double Jeopardy Article 14(7)—Freedom from Double Jeopardy
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Conclusion Conclusion
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14 Right to a Fair Trial—Article 14
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Published:July 2013
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Extract
Article 14
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
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