A fair trial is expeditious.
- An important aspect of the fairness of a hearing is its expeditiousness…delays in civil proceedings that cannot be justified by the complexity of the case or the behavior of the parties detract from the principle of a fair hearing enshrined in paragraph 1 of this provision.
- The essential elements of a fair hearing include: i) an entitlement to a determination of their rights and obligations without undue delay and with adequate notice of and reasons for the decisions.
- The time within which the tribunal takes its decision should be reasonable in the light of the complexity of each case and of the procedural steps or postponements attributable to the parties, while respecting the adversary principle.
- The court should play and active role in ensuring the rapid progress of the proceedings, while respecting the rights of the parties, including the right to equal treatment.
- Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The right to a timely remedy.
- One best practice for election complaints is to provide for an expedited process of complaint and appeal, to permit resolution of complaints in an effective manner - if possible, during the election period.