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Amnesty International Fair Trial Manual 2nd ed

Edited by: Amnesty International

ISBN13: 9780862104849
Published: April 2014
Publisher: Amnesty International UK
Country of Publication: UK
Format: Paperback, A4
Price: Out of print



Since 1998, the Amnesty International Fair Trial Manual has been the trusted guide to fair trial standards for legal professionals the world over. The Second Edition is the fully revised and updated text for 2014.

Drawing on Amnesty International’s standing as an authoritative voice for interpreting international human rights law, the Manual provides a comprehensive, practical and accessible guide to international and regional fair trial standards.

Since first publication in 1998, the Manual has enjoyed notable success in terms of global reach and impact. The first edition was translated into 16 languages and is used by a wide range of practitioners, including NGOs, governments, legislators, UN bodies, the OSCE, trial observers and legal professionals.

The UN and other international bodies have found it to be a valuable and user-friendly resource for delivering training and facilitating international workshops worldwide. It is used in on-the-ground missions and in post-conflict situations, including by the UN. Bodies including the EU Commission turn to the Manual for guidance in drafting international legal standards.

A number of changes in the global legal and political context have taken place since the first edition was published in 1998. New standards have been adopted, for example relating to women deprived of their liberty and the right to access legal aid. (The first edition cites 65 legal standards; the second edition cites more than 140). There is growing recognition that many fair trial rights apply at all times and in all circumstances, even during states of emergency and armed conflicts.

In the aftermath of the 9/11 attacks in the USA, human rights, including fair trial rights, faced particular challenges. There is now more clarity that a state’s human rights obligations apply beyond its borders when it exercises control over a people or territory. Along with increased attention to discrimination within the criminal justice system, there is a growing consensus that fairness requires respect for the rights of victims in a manner consistent with the rights of the accused.

Subjects:
Human Rights and Civil Liberties, Criminal Law
Contents:
SECTION A: PRE-TRIAL RIGHTS:
1. Right to liberty
2. Rights of people in custody to information
3. Right to legal counsel before trial
4. Right of detainees to have access to the outside world
5. Right to be brought promptly before a judge
6. Right to challenge the lawfulness of detention
7. Right to trial within a reasonable time or to release
8. Right to adequate time and facilities to prepare a defence
9. Rights and safeguards during questioning
10. Right to humane detention conditions and freedom from torture

SECTION B: RIGHTS AT TRIAL:
11. Right to equality before the law and courts
12. Right to trial by a competent, independent and impartial tribunal
13. Right to a fair hearing
14. Right to a public hearing
15. The presumption of innocence
16. Right not to be compelled to incriminate oneself
17. Exclusion of evidence obtained in violation of international standards
18. Prohibition of retroactive application of laws and double jeopardy
19. Right to be tried without undue delay
20. Right to defend oneself in person or through counsel
21. Right to be present at trial and appeal
22. Right to call and examine witnesses
23. Right to an interpreter and to translation
24. Judgments
25. Punishments (including conditions of imprisonment)
26. Right to appeal and retrial
SECTION C: SPECIAL CASES:
27. Children
28. Death penalty cases
29. Special, specialized and military courts
30. Right to compensation for miscarriages of justice
31. Fair trial rights during states of emergency
32. Fair trial rights in armed conflict