PART III FUNDAMENTAL REQUIREMENTS OF DUE PROCESS, 13 ELEMENTS OF FAIR TRIAL

All the general human rights treaties contain an article outlining the elements that are required for a fair trial. The quality of tribunal that is needed for the type of hearing covered by the fair trial provisions is covered in chapter 12 above. Generally speaking, the treaties provide greater detail on the elements required for criminal trials than for civil ones. However, this does not mean that such elements are inapplicable to civil or administrative hearings. The practice of the treaty bodies makes it very clear that the requirement of a ‘fair trial’ has an...