II.
(7.7)
-
(7.8)
-
(7.9)
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political parties and organizations with the necessary legal guarantees to
enable them to compete with each other on a basis of equal treatment
before the law and by the authorities;
ensure that law and public policy work to permit political campaigning to
be conducted in a fair and free atmosphere in which neither administrative
action, violence nor intimidation bars the parties and the candidates from
freely presenting their views and qualifications, or prevents the voters
from learning and discussing them or from casting their vote free of fear of
retribution;
provide that no legal or administrative obstacle stands in the way of
unimpeded access to the media on a non-discriminatory basis for all
political groupings and individuals wishing to participate in the electoral
process;
ensure that the candidates who obtain the necessary number of votes
required by the law are duly installed in office and are permitted to remain
in office until their term expires or is otherwise brought to end in a manner
that is regulated by law in conformity with democratic parliamentary and
constitutional procedures.
INTERNATIONAL STANDARDS REFERRING TO DUE
PROCESS OF LAW AND THE INDEPENDENCE OF
JUDGES
A. The United Nations
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the
time when it was committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the penal offence was committed.
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