Article 99
1. Appointment, transfer, secondment, delegation, promotion and questioning of
judges shall be as prescribed in the Judicial Authority Law.
2. Judges may not be dismissed except in cases that are allowed in the Judicial
Authority Law.
Article 105
Court hearings shall be public, unless a court decides to make them in camera due to
considerations related to public order or public morals. In all cases, the sentence shall be
pronounced in a public hearing.
A. Introduction
1. The right to a fair trial encompasses a range of different elements which will be
explored below. The right to a fair trial in both civil and criminal proceedings is
dealt with together, although where the standards differ this is noted.
2. We start with an examination of whether there are certain circumstances in
which it may be permissible to derogate from the right, before moving on to
consider core obligations in the right. These include the presumption of
innocence, access to court and access to a lawyer.
3. Consideration is then given to examining what amounts to a ‘criminal offence
or charge’ within the meaning of, for example, Article 14 ICCPR, or the
circumstances in civil proceedings which trigger the protections under the right
to a fair trial.
4. The various components of the right will then be examined including the
requirement of being informed in a language one understands of the charges
against you, the time and facilities to prepare a defence, the importance of an
independent and impartial tribunal and the principle of equality of arms. It will
then move on to discuss the requirements that the trial take place within a
reasonable time, the hearing is in public, with the assistance of an interpreter,
and the rule of double jeopardy.
5. The section concludes with an examination of the obligations and safeguards
post-trial, including delivery of the judgment, a right to an appeal, sentencing
compensation and the rights of victims.
B. The importance of the right to a fair trial
6. The closely related principles of “due process” and “the rule of law” are
fundamental to the protection of human rights. Such rights can only be
protected and enforced if an individual has recourse to courts and tribunals,
independent of the State, which can resolve disputes in accordance with fair
procedures. The protection of procedural due process is not, in itself, sufficient
to protect against human rights abuses but it is the foundation stone for
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