Q. How do you compare human right concept with concept of fair trial?
Ans: Human rights is dependent on only one thing: that they are human. An acceptance of human rights means accepting that everyone is entitled to make these claims: I have these rights, no matter what you say or do, because I am a human being, just like you. Human rights are inherent to all human beings as a birthright. A human rights claim is ultimately a moral claim, and rests on moral values. Two of the key values that lie at the core of the idea of human rights are human dignity and equality[1]. Human rights can be understood as defining those basic standards which are necessary for a life of dignity; and their universality is derived from the fact that all humans are equal. Many other values such as freedom, respect for others, non-discrimination, tolerance, justice, responsibility help to define more precisely how in practice people and societies should co-exist.
The right to a fair trial is a basic human right and essential for the prevention of the abuse of all other human rights. The right to a ‘fair trial’ is treated as corresponding to the overarching right to a “fair and public hearing by a competent, independent and impartial tribunal established by law” stated on article 14(1) of the International Covenant on Civil and Political Rights (ICCPR)[2]. The right to a fair trial is one of the fundamental guarantees of human rights and the rule of law, aimed at ensuring the proper administration of justice. It comprises various interrelated attributes and is often linked to the enjoyment of other rights, such as the right to life and the prohibition against torture and other forms of cruel, inhuman or degrading treatment or punishment. All persons must have equal rights of access to the courts and tribunals, including access to remedies and reparations, which is relevant to persons subject to criminal and non-criminal proceedings.
Justice must be administered in a way that achieves fairness for all, regardless of the identity of the parties to the proceedings or the nature of the proceedings themselves. Fair trial standards under the ICCPR are found principally within article 14. The various elements of the right to a fair trial codified in the ICCPR are also to be found within the Universal Declaration of Human Rights, customary international law norms and other international treaties, including treaties pertaining to international humanitarian law. Similarly, the right to a fair trial is guaranteed by article 6 of the European Convention on Human Rights, article 8 of the American Convention on Human Rights, article 7 of the African Charter on Human and Peoples’ Rights, article 13 of the Revised Arab Charter on Human Rights and article 20 of the ASEAN Human Rights Declaration.
The right to a fair trial is not listed as a non-derogable right under article 4(2) of the ICCPR, the Human Rights Committee has treated the right to a fair trial as one which may not be subject to derogation where this would circumvent the protection of non derogable rights. The principles of legality and the rule of law require that the fundamental requirements of fair trial must be respected. This means nature and application of fair trial rights is related with the basic human rights. Fair trial guarantees under human rights treaties continue to apply.
Rights such as the right to a public hearing within a reasonable time, to an impartial tribunal, to know the charge and to examine witnesses. This new meaning turned the use of fair trial from a rarity to a commonplace[3]. The history of fair trial has implications for the debate on the nature of human rights. Some say that they are universal and inherent in humans. Right to a fair trial is an unlikely universal.
Basically, Human rights bears the following characteristics:
· Human rights are inalienable: This means that you cannot lose them, because they are linked to the very fact of human existence, they are inherent to all human beings. If someone is found guilty of a crime, his or her liberty can be taken away;
·
Human rights
are indivisible, interdependent and interrelated.
This means that different human rights are intrinsically connected and cannot
be viewed in isolation from each other. The enjoyment of one right depends on
the enjoyment of many other rights and no one right is more important than the
rest.
· Human rights are universal: Human rights applies equally to all people everywhere in the world, and with no time limit. Every individual is entitled to enjoy his or her human rights without distinction of "race" or ethnic background, colour, sex, sexual orientation, disability, language, religion, political or other opinion, national or social origin, birth or other status.
Human rights serve as minimum standards applying to all human beings; each state and society is free to define and apply higher and more specific standards. Everybody have equal access to the courts under the Human Rights Act and this includes a right to bring a civil case and criminal case before the court. Torture is prohibited under the Torture compensation Act, 2075. Fair trial includes the right to[4]:
- be presumed innocent until you are proven guilty
- be told as early as possible what you are accused of
- remain silent
- have enough time to prepare your case
- legal aid (funding) for a lawyer if you cannot afford one and this is needed for justice to be served
- attend your trial
- access all the relevant information
- put forward your side of the case at trial
- question the main witness against you and call other witnesses, and
- have an interpreter, if you need one.
Above mentioned rights signifies the right to fair trial of the parties of the case which signifies its relation with the human rights. Fair trial and human right are two sides of the same coin. One cannot be complete without another. The basic concept of rights to fair trial is originated from the principles of human rights.
[1] https://www.coe.int/en/web/compass/what-are-human-rights- accessed on 15th July, 2020
[2] Basic Human Rights Reference Guide: Right to a fair trial and due process in the context of Countering Terrorism, United Nations Human Rights Office of the High Commissioner (OHCHR), October 2014, Pg. no.4
[3] Ian Langford, Fair trial: The history of an idea, 12th March, 2009, Pg. 37
[4] https://www.equalityhumanrights.com/en/human-rights-act/article-6-right-fair-trial accessed on 20th July, 2020