The right to a fair trial has been guaranteed by Article 6 of the European Convention of Human Rights. The Article provides that 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. The article states that everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. Moreover, the article ensures certain minimum rights to every human being which include:
- to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
- to have adequate time and facilities for the preparation of his defence;
- to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
- to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
- to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
The judgment of European Court in a case where a person was accused with criminal liability laid down that ‘the object and purpose of Article 6 which protects the right to fair trial and in particular the right to be presumed innocent, is intended to enshrine the fundamental principle of the rule of law’. The fundamental principles contained in Article 6 are based on the idea of rule law, for instance, individuals shall be treated with respect by the state; they shall not be punished unless they have committed a crime; and before they are punished it shall be proven and not presumed that they have done something illegal.
