Fair Trial Rights and Their Relation to the Death Penalty in Africa
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Date
2006
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
International and Comparative Law Quarterly
Abstract
A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, must be a means by which legal rights are asserted and breaches remedied through the process of a fair trial in court, as the law is useless without effective remedies. The fairness of the legal process has a particular significance in criminal cases, as it protects against human rights abuses. Hence, constitutional due process and elementary justice require that the judicial functions of trial and sentencing be conducted with fundamental fairness, especially where the irreversible sanction of the death penalty is involved.
Description
Keywords
Right to fair trial, Death penalty, Africa, Right to life, African Charter
Citation
Chenwi, L. (2006). ' Fair Trial Rights and Their Relation to the Death Penalty in Africa'. International and Comparative Law Quarterly , 55: 609-634.