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Chapter iii
Right
to a Hearing by a Competent,
Independent and Impartial Tribunal
Established by Law
Article 14(1) of the ICCPR
“(1) …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...”
Article 6(1) of the ECHR
“(1) In the determination of his civil rights and obligations or of any criminal charge against
him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law...”
OSCE Commitments
(19) The participating States
(19.1) – will respect the internationally recognized standards that relate to the independence
of judges and legal practitioners and the impartial operation of the public judicial service
including, inter alia, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;
(19.2) – will, in implementing the relevant standards and commitments, ensure that the
independence of the judiciary is guaranteed and enshrined in the constitution or the law of
the country and is respected in practice, paying particular attention to the Basic Principles
on the Independence of the Judiciary …
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(20) For the promotion of the independence of the judiciary, the participating States will
(20.1) – recognize the important function national and international associations of judges
and lawyers can perform in strengthening respect for the independence of their members
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