Justice is at the heart of a democratic society. We should all have the right to a fair trial if we are accused of a crime. A fair trial is essential, not only for protecting the human rights of the accused and those of victims but also to ensure proper administration of justice, which is a key component of the rule of law LEGAL FRAMEWORK IN RELATION TO THE RIGHT TO A FAIR TRIAL: There are constitutional fair trial guarantees under the terms of Article 28 of the United Arab Emirates Constitution that: “an accused shall be presumed innocent until proven guilty in a legal and fair trial.” The Arab Charter is the binding regional instrument ratified by the UAE. In addition there are relevant persuasive standards contained in the Universal Declaration of Human Rights (1948), the United Nations Basic Principles on the Independence of the Judiciary (1980) and the United Nations Basic Principles on the Role of Lawyers (1990). Article 13 (1) of the Arab Charter guarantees the right to a fair trial in criminal proceedings “before a competent, independent and impartial court that has been constituted by law to hear any criminal charge against him...” Article 13 (2) guarantees that trials “shall be public, except in exceptional cases that may be warranted by the interests of justice in a society that respects human freedoms and rights.” Article 14 (1) provides “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest, search or detention without a legal warrant.” Article 14 (5) provides that : “Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.” Article 16 sets out the presumption of innocence and the following minimum guarantees including equality of arms, adequate time to prepare a defence, to be able to communicate with his/her family, the right to appeal and to security of person and privacy: 1. The right to be informed promptly, in detail and in a language which he understands, of the charges against him. 2. The right to have adequate time and facilities for the preparation of his defense and to be allowed to communicate with his family. 3. The right to be tried in his presence before an ordinary court and to defend himself in person or through a lawyer of his own choosing with whom he can communicate freely and confidentially. 4. The right to the free assistance of a lawyer who will defend him if he cannot defend himself or if the interests of justice so require, and the right to the free assistance of an interpreter if he cannot understand or does not speak the language used in court. 5. The right to examine or have his lawyer examine the prosecution witnesses and to on defense according to the conditions applied to the prosecution witnesses. 6. The right not to be compelled to testify against himself or to confess guilt. 7. The right, if convicted of the crime, to file an appeal in accordance with the law before a higher tribunal. 8. The right to respect for his security of person and his privacy in all circumstances. Please sign the petition to support Farzan Athari - International Model and to help strengthen human rights protection as well as to further the proper administration of justice. SupportFarzan
Posted on: Sat, 15 Mar 2014 09:29:42 +0000
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