Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial 1. Introduction The present chapter will first deal with the overarching principle of equality before the law, which conditions both civil and criminal proceedings from the outset, as well as with the principle of presumption of innocence, which is of fundamental importance in relation to criminal proceedings. These notions are thus of equal relevance for Chapter 7, but will not be recapitulated in that context. This chapter will then specifically examine some of the human rights that belong to the stage of criminal investigations, up to the beginning of the trial itself, where applicable. It should be noted, however, that the question of administration of juvenile justice will be dealt with specifically in Chapter 10. It must be emphasized that this chapter does not provide an exhaustive list of rights to be guaranteed at the pre-trial stage, but merely focuses on some human rights that are considered to be of particular importance in connection with criminal investigations.1 Some of these rights are also essential at the trial stage and will again be examined in Chapter 7. The selection of issues to be dealt with in this rather than the next chapter has been made from a practical point of view, bearing in mind the sequence of events normally occurring in connection with the investigation into criminal activities, and the possible ensuing trial to determine guilt. As the rights enjoyed at the pre-trial and the trial stages are closely interrelated, some overlapping is unavoidable, but has, as far as is possible, been reduced to a minimum. 2. The Effective Protection of the Right to a Fair Trial: A Global Challenge Every person has the right to a fair trial both in civil and in criminal cases, and the effective protection of all human rights very much depends on the practical availability at all times of access to competent, independent and impartial courts of law which can, and will, administer justice fairly. Add to this the professions of prosecutors and lawyers, each of whom, in his or her own field of competence, is instrumental in making the right to a fair trial a reality, and we have the legal pillar of a democratic society respectful of the rule of law. 1 For an important collection of rules relating to all stages of the investigation and trial, see Amnesty International Fair Trials Manual, London, 1998, 187 pp. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 215