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Right to a fair trial
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==Fair-trial rights== The right to a fair trial has been defined in numerous regional and [[international human rights instruments]]. It is one of the most extensive human rights and all international human rights instruments enshrine it in more than one article.<ref>{{Cite book| last = Doebbler| first = Curtis| title = Introduction to International Human Rights Law| publisher = CD Publishing| year = 2006| pages = 107β108| url = https://books.google.com/books?id=mQ61oCPJ1GEC&q=right%20to%20fair%20trial&pg=PA108| isbn = 978-0-9743570-2-7 }}</ref> The right to a fair trial is one of the most litigated human rights and substantial case law that has been established on the interpretation of this human right.<ref name="bare_url_a" /> Despite variations in wording and placement of the various fair trial rights, international human rights instrument define the right to a fair trial in broadly the same terms.<ref name="bare_url_b" /> The aim of the right is to ensure the proper administration of justice. As a minimum the right to fair trial includes the following fair trial rights in [[Civil law (common law)|civil]] and [[Criminal law|criminal]] proceedings:<ref name="bare_url" /> * the right to be heard by a competent, independent and impartial tribunal * the right to a [[hearing (law)|public hearing]] * the right to be heard within a reasonable time * the [[right to counsel]] * the right to interpretation<ref name="bare_url" /> States may limit the right to a fair trial or derogate from the fair trial rights only under circumstances specified in the human rights instruments.<ref name="bare_url" /> === In civil and criminal proceedings === The [[European Court of Human Rights]] and the [[Inter-American Court of Human Rights]] have clarified that the right to a fair trial applies to all types of judicial proceedings, whether [[Civil law (common law)|civil]] or [[Criminal law|criminal]]. According to the European Court of Human Rights, Article 6 of the [[European Convention on Human Rights]] and the fair trial rights apply to all civil rights and obligations created under domestic law and therefore to all civil proceedings (see ''Apeh Uldozotteinek Szovetsege and Others v. Hungary'' 2000).<ref name="bare_url" /> === In administrative proceedings === Both the [[European Court of Human Rights]] and the [[Inter-American Court of Human Rights]] have clarified that the right to a fair trial applies not only to judicial proceedings, but also administrative proceedings. If an individual's right under the law is at stake, the dispute must be determined through a fair process.<ref name="bare_url" /> === In special proceedings === In Europe special proceeding may also be subject to Article 6 of the [[European Convention on Human Rights]].<ref>The immunity could not be an obstacle: on the one hand, following a immunity resolution of the Senate, the judicial proceeding may raise jurisdictional dispute before the Constitutional Court ( ... ); on the other side (β¦.) the citizen may submit an appeal to the European Court of Human Rights {{cite journal|last1=Buonomo|first1=Giampiero|title=L'Italia "difende" il Regno Unito in nome del procuratore Cordova|journal=Diritto&Giustizia Edizione Online|date=2002|url=https://www.questia.com/projects#!/project/89332670|access-date=2016-03-26|archive-date=2012-08-01|archive-url=https://web.archive.org/web/20120801002834/http://www.questia.com/projects#!/project/89332670|url-status=dead}}</ref> In ''Mills v. the United Kingdom'' 2001 the [[European Court of Human Rights]] held that a [[court-martial]] was subject to Article 6 because of the defendants had been accused of what the court considered to be serious crime, assault with a weapon and wounding. The [[African Commission on Human and Peoples' Rights]] (ACHPR) frequently deals with instances where [[civilians]] are tried by [[military tribunals]] for serious crimes. The ACHPR has held that on the face of it military courts to do not satisfy civilians' right to a fair trial (see ''Constitutional Rights Project v. Nigeria''). In this respect the ACHPR has reaffirmed the [[right to counsel]] as essential in guaranteeing a fair trial. The ACHPR held that individuals have the right to choose their own counsel and that giving the military tribunal the right to veto a counsel violates the right to a fair trial.<ref name="bare_url_c">{{Cite book| last = Doebbler| first = Curtis| title = Introduction to International Human Rights Law| publisher = CD Publishing| year = 2006| page = 109| url = https://books.google.com/books?id=mQ61oCPJ1GEC&q=right%20to%20fair%20trial&pg=PA108| isbn = 978-0-9743570-2-7 }}</ref>
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