Editing Right to a fair trial (section)

== Definition in international human rights law ==
The right to fair trial is very helpful to explore in numerous declarations which represent [[customary international law]], such as the [[Universal Declaration of Human Rights]] (UDHR).<ref name="bare_url">{{Cite book| last = Doebbler| first = Curtis| title = Introduction to International Human Rights Law| publisher = CD Publishing| year = 2006| page = 108| url = https://books.google.com/books?id=mQ61oCPJ1GEC&q=right%20to%20fair%20trial&pg=PA108| isbn = 978-0-9743570-2-7 }}</ref> Though the UDHR enshrines some fair trial rights, such as the [[presumption of innocence]] until the accused is proven guilty, in Articles 6, 7, 8 and 11,<ref name="bare_url_b">{{Cite book| last = Alfredsson| first = Gudmundur|author2=Eide, Asbjorn | title = The Universal Declaration of Human Rights: a common standard of achievement| publisher = Martinus Nijhoff Publishers| year = 1999| page = 225 | url = https://books.google.com/books?id=FmuoB-BlMvEC| isbn = 978-90-411-1168-5}}</ref> the key provision is Article 10 which states that:<ref>{{Cite web| title = Universal declaration of Human Rights| publisher = United Nations| url = https://www.un.org/en/documents/udhr/index.shtml}}</ref>
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Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
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Some years after the UDHR was adopted,{{When|date=September 2015}} the right to a fair trial was defined in more detail in the [[International Covenant on Civil and Political Rights]] (ICCPR). The right to a fair trial is protected in Articles 14 and 16 of the ICCPR which is binding in international law on those states that are party to it.<ref>{{Cite book| last = Doebbler| first = Curtis| title = Introduction to International Human Rights Law| publisher = CD Publishing| year = 2006| page = 107| url = https://books.google.com/books?id=mQ61oCPJ1GEC&q=right%20to%20fair%20trial&pg=PA108| isbn = 978-0-9743570-2-7 }}</ref> Article 14(1) establishes the basic right to a fair trial, article 14(2) provides for the [[presumption of innocence]], and article 14(3) sets out a list of minimum fair trial rights in criminal proceedings. Article 14(5) establishes the right of a convicted person to have a higher court review the conviction or sentence, and article 14(7) prohibits [[double jeopardy]].<ref>{{Cite book| last = Alfredsson| first = Gudmundur|author2=Eide, Asbjorn | title = The Universal Declaration of Human Rights: a common standard of achievement| publisher = Martinus Nijhoff Publishers| year = 1999| pages = 225–226 | url = https://books.google.com/books?id=FmuoB-BlMvEC| isbn = 978-90-411-1168-5}}</ref> Article 14(1) states that:<ref>{{Cite web| title = International Covenant on Civil and Political Rights| publisher = Office of the United Nations High Commissioner for Human Rights| url = http://www2.ohchr.org/english/law/ccpr.htm| url-status = dead| archive-url = https://web.archive.org/web/20080705115024/http://www2.ohchr.org/english/law/ccpr.htm| archive-date = 2008-07-05}}</ref>
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All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
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