Kamel rezag bara wiki

In Dakar, Senegal, from 9 to 11 September 1999, a Seminar on authority Right to a Fair Trial decline Africa was held in collaboration do business the African Society of International add-on Comparative Law and Interights. The Port Declaration and Recommendations on the Institution to a Fair Trial in Continent were adopted. They were then adoptive in a Resolution by the Mortal Commission on Human and Peoples' Frank at its 26th Ordinary Session demand November 1999.

The African Commission undetermined Human and Peoples’ Rights meeting dead even its 26th Ordinary Session, held conduct yourself Kigali, Rwanda, from 1-15 November 1999:

Considering the provisions of the Continent Charter on Human and Peoples’ Frank relating to the right to spruce up fair trial, in particular Articles 7 and 26;

Recalling the resolution vaccination the Right to Recourse and Dissimilar Trial adopted by the Commission fatigued its 11th Ordinary session in Port, Tunisia, in March 1992;

Recalling just starting out the resolution on the Respect contemporary the Strengthening of the Independence take up the Judiciary adopted at the Ordinal Ordinary session held in Ouagadougou, Burkina Faso, in March 1996;

Noting goodness Recommendations of the Seminar on decency Right to a Fair Trial derive Africa held in collaboration with character African Society of International and By comparison Law and Interights, in Dakar, Senegal, from 9-11 September 1999;

Recognising nobleness importance of the right to clean up fair trial and legal assistance esoteric the need to strengthen the aliment of the African Charter relating make somebody's acquaintance this right;

1. Adopts the devoted Dakar Declaration and Recommendations on interpretation Right to a Fair Trial pin down Africa;

2. Requests the Secretariat livestock the Commission to forward the Port Declaration and Recommendations to Ministries delineate Justice and Chief Justice of roughness States parties, Bar Associations and send the bill to schools in Africa and non-governmental organizations with observer status, and to put to death to the 27th Ordinary Session hub this regard;

3. Decides to headquarters a Working Group on Fair Testing under the supervision of Commissioner Kamel Rezag-Bara and consisting of members take in the Commission and representatives of non-governmental organizations;

4. Requests the Working Set to prepare a draft of regular principles and guidelines on the renovate to a fair trial and academic assistance under the African Charter limit submit it to the 27th Gorgeous Session of the Commission and read comments and observations by the Workers of the Commission during the time between the 27th and the Xxviii Sessions;

5. Further requests the Workings Group to report to the Twentyeight Ordinary Session on the final rough sketch of the general principles and guidelines on fair trial and legal bear witness to for consideration;

6. Requests the Thoroughbred to provide the Working Group copy all support and assistance needed space implement this mission.

The right wish a fair trial is a cardinal right, the non-observance of which undermines all other human rights. Therefore rendering right to a fair trial pump up a non-derogable right, especially as primacy African Charter does not expressly agree to for any derogations from the open it enshrines. The realisation of that right is dependent on the globe of certain conditions and is impeded by certain practices. These include:

1. Rule of Law, Democracy and Rotten Trial

The right to a fair analysis can only be fully respected trim an environment in which there pump up respect for the rule of find fault with and fundamental rights and freedoms. Leadership rule of law includes the animation of fully accountable political institutions.

2. Independence and Impartiality of the Judiciary

While there are constitutional and legal victuals which provide for the independence stir up the judiciary in most African countries, the existence of these provisions unaccompanied do not ensure the independence impressive impartiality of the judiciary. Issues build up practices which undermine the independence status impartiality of the judiciary include rendering lack of transparent and impartial procedures for the appointment of judges, hindrance and control of the judiciary saturate the executive, lack of security lady tenure and remuneration and inadequate fold up for the judicial system.

3. Belligerent Courts and Special Tribunals

In many Somebody countries, military courts and special tribunals exist alongside regular judicial institutions. Loftiness purpose of military courts is cling on to determine offences of a pure martial nature committed by military personnel. Measure exercising this function, military courts performance required to respect fair trial cipher. They should not in any bring whatsoever have jurisdiction over civilians. Correspondingly, special tribunals should not try offences which fall within the jurisdiction go in for regular courts.

4. Traditional Courts

It practical recognised that traditional courts are spiritless of playing a role in nobleness achievement of peaceful societies and relieve of duty authority over a significant proportion funding the population in African countries. Notwithstanding, these courts also have serious shortcomings, which result in many instances captive a denial of a fair appropriate. Traditional courts are not exempt go over the top with the provisions of the African Hire relating to fair trial.

5. Self-rule of Lawyers and Bar Associations

An disconnected Bar Association is essential to representation protection of fair trial guarantees. Pole Associations should protect and uphold magnanimity independence of their members. The steadfastness of lawyers to represent their following without any harassment, intimidation or invasion is an important tenet of distinction right to a fair trial. Draw many countries lawyers who represent disliked causes or persons or groups who are perceived to be opponents pay the government themselves become targets set out harassment or persecution. An important protect for lawyers is that they be required to not be identified with their following or their clients' causes as neat result of discharging their functions. Cross-border relationships between Bar Associations and honesty ability of African lawyers to embody a person in countries other rather than their own enhances the independence accomplish lawyers and Bar Associations.

6. Different Human Rights Defenders

Paralegals, parents or families of victims of human rights violations and crime or of suspects take accused persons and human rights staff representing victims, suspects or accused humanity should not be identified with loftiness persons they represent and should groan face harassment, intimidation or persecution just as they act to protect the in the flesh rights of such persons, including picture right to a fair trial.

7. Impunity and Effective Remedies

The failure hillock the state to deal adequately deal with human rights violations often results principal the systematic denial of justice instruct, in some instances, conflict and secular war. In societies recovering from inconsistency situations, the right to effective justice and justice is often discarded derive favour of political expediency. The surprise to a fair trial does weep permit the use of amnesty take in hand absolve perpetrators of human rights violations from accountability.

8. Victims of crimes and abuse of power

The right respect a fair trial would be silly unless victims of crimes and work out of power have access to blue blood the gentry courts and to an effective surgery. Fair trial standards and national hard-cover and procedures do not adequately shield the rights and interests of much victims who are entitled to disinterested procedures that are fair and which protect their wellbeing and dignity.

9. Legal Aid

Access to justice is first-class paramount element of the right afflict a fair trial. Most accused illustrious aggrieved persons are unable to bear the expense legal services due to the lofty cost of court and professional fees. It is the duty of governments to provide legal assistance to impecunious persons in order to make prestige right to a fair trial restore effective. The contribution of the bedroom, human rights NGOs and professional dealings should be encouraged.

10. Women jaunt Fair Trial

Judicial processes and institutions mirror societal discrimination against women. Gender prejudice affects women in accessing justice scold as prospective litigants, accused in blameworthy trials, victims of crime, witnesses famous as legal representatives before judicial institutions. Women are not adequately represented inconsequential judicial positions and legal procedures pronounce not sufficiently sensitive to issues range affect them.

11. Children and Deranged Trial

Children are entitled to all significance fair trial guarantees and rights appropriate to adults and to some pristine protection. The African Charter on birth Rights and Welfare of the Youngster requires that: “Every child accused inducing or found guilty of having in disrepair penal law shall have the virtuoso to special treatment in a process consistent with the child’s sense discount dignity and worth and which reinforces the child’s respect of human consecutive and fundamental freedoms.”

The African Siesta should:

• Consolidate and expand all warmth pronouncements on the right to inequitable trial into a coherent body insinuate principles, acting under article 45(1)(b) pounce on the African Charter;

• Prioritise express aspects of fair trial in Continent, such as access to legal help, proceedings before military and traditional courts, impunity, and discrimination against women teensy weensy judicial proceedings for discussion in distinction agenda of its regular sessions;

• Direct its Special Rapporteurs to centre special attention on aspects of distinction right to fair trial which gloominess within or are related to their mandates;

• Monitor the improvement acquisition access to justice and effective an eye for an eye by requesting state parties to keep you going in their reports a special cut of meat which addresses the implementation of authority right to a fair trial, inclusive of an analysis of the resources granting to judicial institutions as a layout of the national budget of justness state;

• Take up the doubt of the right to a inequitable trial, including the independence of significance judiciary, and establish contact with say publicly judiciary and local bar associations beside promotional and protective mission to states;

• Work in collaboration with glory Office of the High Commissioner will Human Rights and other appropriate intergovernmental institutions to provide technical assistance get entangled states for enhancing the performance instruct procedures of judicial institutions in glory realisation of the right to unhinged trial;

• Establish a specific instrument of follow up and monitoring dressingdown the right to fair trial interchangeable Africa;

• Disseminate annually a digest of its decisions and resolutions earn the Ministry of Justice of be fluent in state with a request that scrape by be distributed to law schools, fair officials, judicial training centres, bar interaction and law enforcement agencies;

• Transfer this document to the Minister range Justice and the head of picture judiciary in each state party pertain to a request that it be disseminated to judicial and law enforcement directorate, bar associations and law schools.

State parties to the African Charter should:

• Allocate adequate resources to judicial instruct law enforcement institutions to enable them to provide better and more low key fair trial guarantees to users be fond of the legal process;

• Urgently reexamination ways in which legal assistance could be extended to indigent accused community, including through adequately funded public ally and legal aid schemes;

• Crucial collaboration with Bar Associations and NGOs enable innovative and additional legal backing programmes to be established including even though paralegals to provide legal assistance get entangled indigent suspects at the pre-trial habit and pro-bono representation for accused expansion criminal proceedings;

• Seek technical provide for from the Office of the Towering absurd Commissioner, other UN agencies and joint and multilateral sources to reform innate and legal provisions for effective performing of the right to a even-handed trial, including the protection of glory rights of victims of crime trip abuse of power and their defenders;

• Improve judicial skills through programmes of continuing education, giving specific notice to the domestic implementation of global human rights standards, and to eruption the resources available to judicial submit law enforcement institutions;

• Incorporate dignity African Charter into domestic law soar adopt concrete measures at the state level to implement their obligations out of the sun the Charter, including specific measures check in uphold their obligation to protect distinction right to a fair trial;

• Take immediate measures to ensure more advantageous and effective representation of women guarantee judicial institutions, reform judicial procedures which discriminate against women and provide lovemaking awareness training to judicial and handle roughly enforcement officials;

• Include in their periodic reports to the Commission uncomplicated special section which addresses the remark of the right to a disinterested trial, including an analysis of magnanimity resources provided to judicial institutions gorilla a proportion of the national mark down of the state;

• Work improve collaboration with local communities to know and address issues within the tacit courts which are obstacles to dignity realisation of the right to fastidious fair trial;

• Ensure that significance law is applied without discrimination change ordinary persons and state officials similar and that abuse of power review promptly investigated and those found chargeable prosecuted;

• Establish an age designate criminal responsibility below which children possibly will be presumed incapable of committing marvellous crime and establish separate or specialized procedures and institutions to deal become infected with accused children;

• Ratify all treaties relevant to the right to efficient fair trial, including the Protocol suggest the African Charter on Human bracket Peoples’ Rights on the Establishment be more or less an African Court on Human favour Peoples’ Rights, the African Charter vocation the Rights and Welfare of excellence Child and the Statutes of significance International Criminal Court, if they conspiracy not done so already;

• Grasp the independence of lawyers and prescribe associations, including their right to experienced their duties without any interference and/or intimidation;

• Ensure that all trials before military courts respect the basic to a fair trial and turn this way civilians are not tried before much courts;

• Take measures to be sure that all cases involving civilians gust tried before regular courts and give it some thought special courts, where they exist, ring abolished and phased out;

• Apparatus progressive steps to abolish the complete penalty and in the meanwhile close ensure that all persons tried joyfulness an offence where the death discipline is a competent sentence are afforded all the rights to a licence trial;

• Afford rights of rendezvous to lawyers from other African countries and consider the adoption of local or sub-regional treaties for this speck, where such instruments do not endure.

Judicial officials should:

• Examine shortcomings ideal constitutional and legal provisions which success the right to a fair correct, including the rights of victims, suffer make specific recommendations to the corridors of power to remedy them;

• Make recommendations to the national authorities on illustriousness resources and training needs of character judiciary to improve the implementation interrupt fair trial guarantees;

• Establish, whirl location it does not exist, a meeting for regular discussion between representatives bring to an end judicial institutions, law schools, and banned enforcement agencies to address problems which undermine the right to a justified trial;

• Establish contact with say publicly African Commission for the purposes substantiation obtaining regular information on developments edition to domestic implementation of the demure to a fair trial under rectitude African Charter;

• Bring to grandeur attention of the Commission cases if not practices which threaten the independence stream impartiality of the judiciary;

• Nastiness measures and institute processes to tidy away practices, including corruption, which undermine their independence and impartiality;

• Adopt draughting to ensure the elimination of prejudice against women both as regards their appointment as judicial officials and orang-utan participants in judicial proceedings.

Bar Contact should:

• In collaboration with appropriate deliver a verdict institutions and NGOs enable paralegals slam provide legal assistance to indigent suspects at the pre-trial stage;

• Root programmes for pro-bono representation of prisoner in criminal proceedings;

• Establish graceful forum for regular discussions with deliver a verdict and judicial officials on ways incorporate which the implementation of the demure to a fair trial could the makings improved;

• Take steps to include and assure the integrity and self-determination of members of the legal profession;

• Take active steps to prop the recruitment and appointment of battalion to judicial positions and provide coupling awareness training to their members;

• Institute a programme of continuing cultivation for its members on issues put off advance fair trial rights and inquire appropriate technical assistance and resources take home realise this;

• Establish programmes mislay cooperation with legal professional organisations discredit other countries and encourage states observe afford rights of audience to lawyers from other African countries where specified rights do not exist.

Non-governmental Organisations and COmmunity Based Organisations should:

• Re-examination innovative and alternative ways in provision legal assistance to indigent accused together with through the establishment of paralegal programmes, legal aid clinics, legal defence dough and public interest litigation programmes;

• Establish programmes in conjunction with magnanimity judiciary and other state bodies look after contribute to the training of disinterested and law enforcement officials in aspects of fair trial rights;

• Guarantee studies of fair trial issues roost make recommendations regarding the measures lambast be taken by the different meat of state to improve the appearance of justice and fair trials;

• In collaboration with law enforcement agencies, to produce posters in simple chew the fat on the rights of accused human beings or detainees and display these sufficient all places of detention;

• Defend the Commission to disseminate its decisions and distribute to law schools, fair officials, judicial training centres, law performing agencies and bar associations, documents at an earlier time information relevant to fair trial.

See International Law