[3] Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11,[4] the key provision is Article 10 which states that:[5] 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.
The right to a fair trial is protected in Articles 14 and 16 of the ICCPR which is binding in international law on those states that are party to it.
The Geneva Conventions (GC) and their Additional Protocols (APs) require that any prisoners of war facing a judicial proceeding receive a fair trial.
[9] For example, Articles 102–108 of the 1949 Third Geneva Convention detail requirements for the fairness of trials against prisoners of war.
[3] In Europe special proceeding may also be subject to Article 6 of the European Convention on Human Rights.
The African Commission on Human and Peoples' Rights (ACHPR) frequently deals with instances where civilians are tried by military tribunals for serious crimes.
The British government supplied deliberately misleading evidence to the European Court of Human Rights when it investigated this issue in 1978.
[17] The Irish government and human rights group Amnesty International requested that the ECHR reconsider the case in December 2014.
[18] Three court cases related to the Northern Ireland conflict that took place in mainland Britain in 1975 and 1976 have been accused of being unfair, resulting in the imprisonment of the Birmingham Six, Guildford Four and Maguire Seven.
[19] It allowed for secret evidence to be stated in court and provided provisions for the anonymity of the sources and information itself.
The judge has the power to clear the courtroom of the public and press, and the appellant if need be, if sensitive information must be relayed.
Some[weasel words] argue that this undermines the British criminal justice system, as this evidence may not come under proper democratic scrutiny.
[citation needed] Under Article 6 of the ECHR, the right to a fair trial implies that accused and public must be able to understand the verdict.