The Right to Due Process
In a broad sense, due process is interpreted here as the
right to be treated fairly, efficiently and effectively by the administration of
justice. The rights to due process place limitations on laws and legal
proceedings, in order to guarantee fundamental fairness and justice. Due process
is interpreted here as the rules administered through courts of justice in
accordance with established and sanctioned legal principles and procedures, and
with safeguards for the protection of individual rights. The rules applicable to
the administration of justice are extensive and refer to, inter alia,
fair trial, presumption of innocence and independence and impartiality of the
tribunal. In most Conventions, the various rules are included in several
articles. As this handbook focuses on a variety of Conventions, four elements of
due process are discussed: a) quality in terms of administration of justice; b)
quality in terms of protection of the rights of the parties involved; c)
efficiency; and d) effectiveness. As due process rights are traditionally known
among human right experts to centre on the right to a fair trial and the right
to an effective remedy, the first three elements are discussed under the heading
of fair trial, while effectiveness is discussed under the right to an effective
remedy.
A. The right to a fair trial
The right to a fair trial does not focus on a single
issue, but rather consists of a complex set of rules and practices. The right to
a fair trial is interpreted here as the rules administered through courts of
justice in accordance with established and sanctioned legal principles and
procedures, and with safeguards for the protection of individual rights. The
rules applicable to the administration of justice are wide and refer to,
inter alia, a fair and public hearing, the presumption of innocence and
the independence and impartiality of the tribunal.
The importance o