Subject

Fair Trail

Mwatana monitors trials to ensure that they adhere to the principles of fair trial, including respect for all guarantees and rights outlined in international human rights law and the national legal system. However, it is only possible to have a fair trial in a state that upholds the principle of legality and the rule of law, where the judiciary is an independent and impartial authority that is subject only to the law. According to international standards, a government's adherence to fair trial principles can be assessed from the moment of the accused's arrest and detention, through the stages of investigation, prosecution, trial, sentencing, and appeal or enforcement of judgments. Strict controls and standards govern each stage and step of the trial, including the proceedings taken against the accused, the powers and responsibilities of the bodies and individuals responsible for them, and the timing and scheduling of the proceedings. Violating these legal controls or failing to respect the rights and guarantees of the accused results in the invalidity of the trial or the proceedings. As a consequence, anyone affected by this has the right to compensation and reparation.