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.
Articles 12 and 13 of the Arab Charter:
Article 12: All persons are equal before the courts and tribunals. The States parties shall
guarantee the independence of the judiciary and protect magistrates against any interference,
pressure or threats. They shall also guarantee every person subject to their jurisdiction the
right to seek a legal remedy before courts of all levels.
Article 13: 1. Everyone has the right to a fair trial that affords adequate guarantees before a
competent, independent and impartial court that has been constituted by law to hear any
criminal charge against him or to decide on his rights or his obligations. Each State party shall
guarantee to those without the requisite financial resources legal aid to enable them to defend
their rights.
2. 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 8 ACHR
Article 6 ECHR
Article 7 ACHPR
Relevant Domestic Provisions:
Palestinian Basic Law
Article 14
An accused person is considered innocent until proven guilty in a court of law that
guarantees the accused the right to a defense. Any person accused in a criminal case shall be
represented by a lawyer.
Article 30
1. Submitting a case to court is a protected and guaranteed right for all people. Each
Palestinian shall have the right to seek redress in the judicial system. Litigation
procedures shall be organized by law to guarantee prompt settlement of cases.
2. Laws may not contain any provisions that provide immunity to any administrative
decision or action or against judicial review.
3. Judicial error shall result in a remedy by the National Authority. Conditions and
methods of such remedy shall be regulated by law.
Article 98
Judges shall be independent and shall not be subject to any authority other than the authority
of the law while exercising their duties. No other authority may interfere in the judiciary or
in judicial affairs.
97
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