Fair Trial Rights in ICCPR

Jixi Zhang


Articles 14 and 15 in ICCPR provide fair trial rights. The 16 concrete guarantees of fair trial rights are usually classified into three parts: basic rules, minimum guarantees and other provisions. A proceeding complying by those concrete guarantees can not necessarily accord with the requirement of fair trial rights, because article 14, paragraph 1 provides a special kind of right—the general right to a fair trial. Unlike the concrete guarantees, the general right to a fair trial requires to evaluate the proceedings as a whole. In the process of interpreting ICCPR, the Human Rights Committee has added more and more concrete guarantees to fair trial rights via the general right to a fair trial.

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DOI: http://dx.doi.org/10.5539/jpl.v2n4p39

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