Countering Terrorism and the Right to a Fair Trial
The right to a fair trial, as set out in Article 10 of the Universal Declaration of Human Rights, is a fundamental pillar of the rule of law. In the fight against terrorism, states have a duty to hold terrorists accountable for their crimes whilst upholding the obligation to respect due process in the administration of justice.
The right to a fair trial provides that ‘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.’
At the core of Article 10 are the related but distinct principles of independence and impartiality. That is, courts should be free to operate without outside interference, and those accused should be judged solely on the evidence without fear or favour.
While Article 10 contains