according to law.
In the determination of any criminal charge against him, everyone shall be entitled to
the following minimum guarantees, in full equality: (a) To be informed promptly and
in detail in a language which he understands of the nature and cause of the charge
against him; (b) to have adequate time and facilities for the preparation of his
defense and to communicate with counsel of his own choosing; (c) To be tried without
undue delay; (d) To be tried in his presence, and to defend himself in person or
through legal assistance of his own choosing; to be informed, if he does not have legal
assistance, of this right; to have legal assistance assigned to him in any case where
the interests of justice so require, and without payment by him in any such case if he
does not have sufficient means to pay for it; (e) To examine, or have examined, the
witnesses against him and to obtain the attendance and examination of witnesses on
his behalf under the same conditions as witnesses against him; (f) To have the free
assistance of an interpreter if he cannot understand or speak the language used in
court; (g) Not to be compelled to testify against himself or to confess guilt.
When a person has by a final decision been convicted of a criminal offence and when
subsequently his conviction has been reversed or he has been pardoned on the
ground that a new or newly discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment as a result of such
conviction shall be compensated according to law
We should also remind ourselves of article 15 (non-retroactivity): That no one shall be
held guilty of any criminal offence on account of any act or omission which did not
constitute a criminal offence, under national or international law, at the time when it
was committed, or a heavier penalty be imposed than the one that was applicable at
the time when the criminal offence was committed.
Finally, let me briefly remind ourselves of ICCPR article 26: All persons are equal before the law
and are entitled without any discrimination to the equal protection of the law. In this respect, the
law shall prohibit any discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race, colour, sex, language/e, religion, political or
other opinion, national or social origin, property, birth or other status.