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The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights have established the right to a fair trial as an internationally recognized human rights norm. This volume examines the origins of the right to a fair trial as articulated in the Universal Declaration and the Covenant. The right to a fair trial has been the subject of more interpretation and adjudication than other rights in the Covenant. Accordingly, the book analyzes the fair trial jurisprudence of the Human Rights Committee under the Covenant. The book also explores the process by which some aspects of the right to a fair trial have gradually been considered non-derogable, that is, not subject to suspension even in times of public emergency. This volume should provide a convenient tool for human rights advocates, judges, lawyers, scholars, and others involved with and interested in the right to a fair trial. This book is the first volume in The Universal Declaration of Human Rights Series. The series consists of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.

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CONTENTS
1 INTRODUCTION = 1
2 TRAVAUX PR E' PARATOIRES OF THE FAIR TRIAL PROVISIONS - ARTICLES 8 TO 11 - OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS = 5
  A. General Procedure = 5
  B. Article 10 = 11
    1. Discussion = 12
    2. Interpretation = 15
  C. Article 11 = 16
    1. Discussion = 16
    2. Interpretation = 23
  D. Article 9 = 23
    1. Discussion = 24
    2. Interpretation = 28
  E. Article 8 = 29
    1. Discussion = 29
    2. Interpretation = 32
  F. Conclusion = 33
3 TRAVAUX PR E' PARATOIRES OF THE FAIR TRIAL PROVISIONS - ARTICLES 14 AND 15 - OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS = 35
  A. General Procedure = 35
  B. Article 14 = 43
    1. Introduction and Initial Proposals = 44
    2. Second Session of the Commission = 45
    3. The Second Session of the Drafting Committee = 46
    4. Third to Fifth Sessions of the Commission = 48
      a. Scope of the Article = 50
      b. Independence and Impartiality = 51
      c. Public Trial = 52
      d. Equality before the Courts = 53
      e. Compensation for Erroneous Convictions = 53
      f. Draft Wording at the End of the Commission's Fifth Session = 54
    5. The Sixth Session of the Commission = 54
      a. Paragraph 1 - A Fair and Public Hearing = 55
      b. Paragraph 2 - Presumption of Innocence and Minimum-Guarantees = 56
      c. Sub-paragraph(b) - The Right to Counsel = 57
      d. Sub-paragraph(c) - The Right to Obtain Witnesses = 58
      e. Sub-paragraph(e) - Protection from Self-Incrimination = 58
      f. Sub-paragraph(f) - Treatment of Minors = 58
      g. Paragraph 3 - Compensation = 60
    6. The Seventh Session of the Commission = 61
      a. The Report by the International Group of Experts on the Prevention of Crime and the Treatment of Offenders = 61
      b. The European Convention Study = 61
      c. The General Adequacy of Article 14 = 63
    7. The Eighth Session of the Commission = 63
      a. Right to a Fair and Public Hearing = 64
      b. Publicity of the Proceedings and the Judgement = 65
      c. Facilities and Time for the Preparation of a Defence = 66
      d. Right to Examine Witnesses = 67
      e. Compensation for Miscarriage of Justice = 67
    8. The Fourteenth Session of the General Assembly - The Third Committee = 69
      a. Paragraph 1 - A Fair and Public Hearing = 69
      b. Paragraph 2 = 72
      c. Paragraph 4 - Compensation in Cases of Miscarriages of Justice = 73
      d. Right to Review = 74
      e. Double Jeopardy = 74
      f. Adoption by the General Assembly in Plenary = 75
  C. Article 15 = 75
    1. Introduction and Initial Proposals = 75
    2. Second Session of the Commission = 76
    3. The Second Session of the Drafting Committee = 77
    4. The Fifth Session of the Commission = 78
      a. Duty of State or Right of Individual? = 78
      b. Retroactivity of Law and Penalties = 79
      c. National or International Law and the Implications for the War Crimes Tribunals = 79
      d. Draft Wording at the Conclusion of the Commission's Fifth Session = 81
    5. The Sixth Session of the Commission = 81
      a. Paragraph 1 - Retroactivity of Legislation and Punishment = 81
      b. Paragraph 2 - Implication for the War Crimes Tribunals = 82
      c. Draft Wording at the Conclusion of the Commission's Sixth Session = 82
    6. The Seventh Session of the Commission = 83
      a. The European Convention Study = 83
      b. The General Adequacy of Article 14(Now Article 15) = 84
    7. The Eighth Session of the Commission = 84
      a. Subsequent Legislation in Favour of the Accused = 85
      b. The Implications for the N u ·· rnberg and Tokyo War Crimes Tribunals = 85
      c. The Reference to "Civilized Nations" = 86
    8. The Fifteenth Session of the General Assembly - The Third Committee = 86
      a. Paragraph 2 - The General Principles of Law Recognized by the Community of Nations = 89
      b. Adoption by the General Assembly in Plenary = 90
  D. Conclusion = 90
4 TRAVAUX PR E' PARATOIRES TO ARTICLE 4 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS - NON-DEROGABLE RIGHTS - AND HOW THEY REFER TO THE RIGHT TO A FAIR TRIAL = 93
  A. Article 4 = 93
    1. Second Session of the Commission = 94
    2. Fifth Session of the Commission = 95
    3. Sixth Session of the Commission = 99
      a. Paragraph 1 - The Right to Derogate from the Covenant = 100
      b. Paragraph 2 - Limitations on the Right to Derogate = 101
      c. Paragraph 3 - Duty to Inform the United Nations of Derogations = 103
      d. Draft Wording Adopted at the End of the Sixth Session of the Commission = 103
    4. Eighth Session of the Commission = 104
      a. Paragraph 1 - The Right to Derogate from the Covenant = 104
      b. Paragraph 2 - Limitations on the Right to Derogate = 107
      c. Paragraph 3 - Duty to Inform the United Nations of Derogations = 107
      d. Draft Wording Adopted at the End of the Eighth Session of the Commission = 108
    5. The Third Committee = 108
    6. Draft Wording Adopted by the Third Committee and Reported to the General Assembly in Plenary = 109
  B. Conclusion = 110
5 INTERPRETATIONS OF FAIR TRIAL NORMS BY THE HUMAN RIGHTS COMMITTEE : ARTICLES 14 AND 15 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS = 111
  A. Introduction = 111
  B. Notice = 112
    1. Notice of Charges must be Timely = 113
    2. Notice of Charges must be Detailed = 114
  C. Presumption of Innocence = 114
  D. Counsel = 115
    1. Right to Select Counsel = 115
    2. Right to Appointed Counsel in Capital Cases = 116
    3. Right to Adequate Counsel = 119
    4. Opportunity to Prepare Defence = 121
  E. Hearing = 125
    1. Right to Prompt Trial = 125
      a. Promptness Includes Ability to Appeal = 128
      b. Burden on State to Enforce Right = 128
      c. Burden on State to Justify Delays = 129
      d. Economic／Administrative Circumstances not a Justification = 129
    2. Equality of Arms = 130
    3. Right to the Free Assistance of an Interpreter = 131
    4. Right to be Present at Trial = 133
    5. Right not to be Compelled to Confess Guilt = 135
    6. Right to Call and Examine Witnesses = 136
    7. Civil Suits Entitled to Protection = 139
    8. Limitation on Derogability of Rights in the Trial Process = 139
  F. Judgement and the Judiciary = 141
    1. Right to an Independent Judiciary = 141
      a. Independence Applied to Pre-trial stages = 144
      b. Independence and Impartiality Applied to the Jury = 144
    2. Right to a Public Trial = 145
    3. Right to have Judgement made Public = 146
    4. Right to Benefit from Lighter Penalty = 146
    5. Right not to be Held Guilty of any Criminal Offence for an Act or Omission not Constituting a Criminal Offence = 147
    6. Second Trial for the Same Offence Prohibited = 147
  G. Right to Appeal = 148
    1. Extent of Derogability of Right to Appeal = 150
    2. Review by Constitutional Court = 150
  H. Remedies = 151
  I. Conclusion = 152
6 CONCLUDING REMARKS = 153
BIBLIOGRAPHY = 157
INDEX = 163