The notion of fair trial includes the guarantee of a fair and public hearing.
- The guarantees of fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights.
- All trials in criminal matters or related to a suit at law must in principle be conducted orally and publicly. The publicity of hearings ensures the transparency of proceedings and thus provides an important safeguard for the interest of the individual and of society at large. Courts must make information regarding the time and venue of the oral hearings available to the public and provide for adequate facilities for the attendance of interested members of the public, within reasonable limits, taking into account, inter alia, the potential interest in the case and the duration of the oral hearing.
- The notion of fair trial includes the guarantee of a fair and public hearing.
- No limitations shall be placed by the judicial body on the category of people allowed to attend its hearings where the merits of a case are being examined. e) Representatives of the media shall be entitled to be present at and report on judicial proceedings except that a judge may restrict or limit the use of cameras during the hearings.
- Every person charged with a criminal offence shall be presumed innocent until proved guilty according to law in a fair and public trial, by a competent, independent and impartial tribunal, at which the accused is guaranteed the right to defence.