Election Investigations Guidebook
International Human Rights Guarantees to Fair Trial in Civil,
Criminal, and Administrative Proceedings
International Covenant on Civil and Political Rights, Article 14.1
“All persons shall be equal before the courts and tribunals. In the determination of a
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.”
European Convention on Human Rights, Article 6(1)
“In the determination of his civil rights and obligations or of any criminal charge against
him, everyone is entitled to a fair and public hearing within a reasonable time by an
independent and impartial tribunal established by law.”
American Convention on Human Rights, Article 8
“Every person has the right to a hearing, with due guarantees and within a reasonable
time, by a competent, independent, and impartial tribunal, previously established by law,
in the substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.”
African Charter on Human and Peoples’ Rights, Article 7(1)
“Every individual shall have the right to have his cause heard. This comprises:
The right to an appeal to competent national organs against acts of violating his
fundamental rights as recognized and guaranteed by conventions, laws, regulations and
customs in force;
The right to be presumed innocent until proved guilty by a competent court or tribunal;
The right to defence, including the right to be defended by counsel of his choice; [and]
The right to be tried within a reasonable time by an impartial court or tribunal.”
As outlined in the United Nations’ Basic Principles on the Role of Lawyers, a fair
hearing in the context of disciplinary action includes the right to legal counsel.378
378 Basic Principles on the Role of Lawyers, supra note 376, ¶ 27 (“Lawyers shall have the right to a fair hearing, including
the right to be assisted by a lawyer of their choice.”). This text is noticeably absent from the Basic Principles on the Independence of the Judiciary and the U.N. Guidelines on the Role of Prosecutors.
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