Fair trial standards

Any trials, whatever the status of the person being tried, must be carried out in proceedings that meet international standards of fairness. These standards include:

  • All persons must be equal before the courts and tribunals. Courts and tribunals must not discriminate based on race, class, nationality, ethnic origin or sexual orientation.
  • Charges must be for internationally recognizable criminal offences.
  • Trials must commence within a reasonable time.
  • All persons are entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
  • All persons must be presumed innocent until proven guilty.
  • All persons must have full access to legal counsel of their own choosing, and have adequate time to prepare their defense.
  • All persons must be informed promptly and in detail in a language which they understand of the nature and cause of the charge against them.
  • All persons must be tried in their presence.
  • All persons must be able to examine, or have examined, the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them.
  • No persons must be compelled to testify against themselves or to confess guilt.
  • Statements or any other material obtained by torture or by cruel, inhuman or degrading treatment or punishment must not be admissible as evidence (except as evidence that such treatment took place).
  • All persons convicted of a crime must have the right to have their conviction and sentence reviewed by a higher tribunal according to law. Reviews must be made by competent, independent and impartial tribunals, be genuine and go beyond formal verifications of procedural requirements.

Amnesty International believes that the death penalty must never be imposed, as it violates the right to life and is the ultimate cruel, inhuman and degrading punishment.

Complete information on the right to a fair trial »