38 Legal Digest of International Fair Trial Rights checklist: Scope of application of fair trial standards 1. What is the classification of the monitored case provided for under national law? Civil/ Criminal/Other? 2. Are there grounds to believe that, despite the national classification, fair trial rights applicable to civil or criminal proceeding should have been granted to the monitored case? a. In the specific monitored case, does the nature of the offence and the purpose and severity of the penalty, or the nature of the right disputed, attract the applicability of fair trial rights despite the national classification? 3. In an expulsion case, was the individual whose case is being examined present at the hearing in the host country in accordance with domestic law? Did the authority comply with the guarantees foreseen by Article 13 of the ICCPR and Article 1 of Protocol 7 to the ECHR?