Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.8: Right to a Fair Trial

Abstract

This chapter assesses Article 8, the right to a fair trial, of the American Convention on Human Rights (ACHR). Article 8 of the ACHR is based on a dual structure. The first paragraph of the provision applies to all kinds of proceedings and provides rights and guarantees to “every person,” regardless of the nature—criminal, civil, labor, fiscal, “or any other nature” of the matters dealt with by the tribunals. However, the following Paragraphs 2, 3, 4, and 5 are focused on criminal proceedings; they offer a specific protection to persons suspected of, accused of, or condemned for a criminal offense. In addition to the rules of fair trial protected by Article 8 of the ACHR, several provisions of the ACHR provide for special judicial guarantees for persons to ensure and guarantee their rights and freedoms. These include the right to a remedy in case of arrest or detention under Article 7-6 of the ACHR and the right to an effective remedy under Article 25 for any violation of the rights and freedoms enshrined in domestic law or in the ACHR. Although silent on judicial guarantees, Article 19 of the ACHR (special protection of children) has also close ties with Article 8.