Chapter i  Fair Trial Standards: Scope of Application 19 Article 3 of Protocol 7 “When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to the law or the practice of the State concerned, unless it is proved that the nondisclosure of the unknown fact in time is wholly or partly attributable to him.” Article 4 of Protocol 7 “(1) No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State. “(2) The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case. “(3) No derogation from this Article shall be made under Article 15 of the Convention.” Fair trial standards in the International Covenant on Civil and Political Rights (ICCPR) and the (European) Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) are found principally within Article 14 of the ICCPR and Article 6 of the ECHR.12 These are supplemented by procedural guarantees applicable to proceedings concerning the expulsion of aliens (See also 1.3) (Article 13 of the ICCPR and Article 1 of Protocol 7 to the ECHR), the principle of non-retroactivity (See also 8.1.1) (Article 15 of the ICCPR and Article 7 of the ECHR), and the prohibition against imprisonment for inability to fulfil a contractual obligation (See also 8.3.4) (Article 11 of the ICCPR and Article 1 of Protocol 4 to the ECHR). The fair trial standards in Article 14 of the ICCPR and Article 6 of the ECHR are of a complex and interlinked nature, aimed at ensuring the proper administration of justice. The overarching right to a fair and public hearing by a competent, independent and impartial tribunal established by law is encompassed within paragraph (1) of both articles, and is expressly applicable to criminal and non-criminal (“civil”) proceedings. Paragraphs (2)-(7) of Article 14 of the ICCPR, and paragraphs (2)-(3) of Article 6 of the ECHR, expressly apply to criminal proceedings, although there are in many cases parallel guarantees for civil proceedings, e.g., the right to legal assistance (See also 6.1.2). Having said this, there are some rights within the latter provisions that apply only to criminal proceedings, such as the right 12 The standards within Article 14 of the ICCPR are reflected not only within Article 6 of the ECHR, but also within Protocol 7 to the ECHR, i.e., Article 2 (right to appeal, corresponding to Article 14(5) of the ICCPR), Article 3 (compensation for miscarriage of justice, corresponding to Article 14(6) of the ICCPR) and Article 4 (the principle against double jeopardy, corresponding to Article 14(7) of the ICCPR).