Right to a Fair and Public Hearing by an Impartial and Independent Tribunal
- Everyone is entitled to a fair and public hearing by a competent, impartial, and independent tribunal in determination of his/her rights.
- The notion of fair trial includes the guarantee of a fair and public hearing.
- A fair trial entails the absence of influence.
- The right to a public hearing must be protected except for specific and objective reasons as determined by law.
- The obligation for a public hearing does not necessarily apply to appellate proceedings.
- The right to appeal is not guaranteed in the determination of a suit at law.
- In the determination of suits at law the independence and impartiality of tribunals is an absolute right.
- Any body that meets the criteria of impartiality and independence can be considered a tribunal.
- A situation in which the executive and the judiciary are not clearly distinguishable is incompatible with the notion of an independent and impartial tribunal.
- Independence of the judiciary requires proper procedures detailing appointment, term limits, security, and remuneration.
- Impartiality requires that judges act without bias, and that the tribunal appears unbiased to the reasonable observer.
- States should protect the independence of the judiciary.