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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?
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