Human Rights Law and Fair Trial Guarantees
Core concepts
Know the fair trial guarantees: presumption of innocence, right to be informed promptly of charges, adequate time and facilities to prepare a defense, right to counsel (including free counsel where the interests of justice require), right to examine witnesses, right to an interpreter, and the right to appeal. Study the prohibition of torture and cruel, inhuman, or degrading treatment, and the rule that evidence obtained by torture is inadmissible. Understand the principles of legality, non-retroactivity, and ne bis in idem (no double jeopardy). Learn the rights to liberty and security, and the requirement that detention be lawful, necessary, and proportionate. Study equality and non-discrimination.
Traps
Examiners test whether a right is absolute or qualified. Torture is absolute - no derogation. Some fair trial rights may be balanced, but the core of the right cannot be eroded. Another trap is confusing the right to counsel with the right to free counsel: free counsel is conditional. Watch for questions on derogation in emergencies - certain rights are non-derogable.
Rule of thumb
For any fair trial question, ask: Is the right absolute or qualified? Was any limitation prescribed by law, necessary, and proportionate? Does the limitation preserve the essence of the right?
Worked example
A defendant is tried without an interpreter though he does not understand the language. This violates the fair trial guarantee; the conviction is unsafe regardless of the strength of the evidence.