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The Right to a Fair TrialA resolution to improve worldwide human and civil rights. Category: Human Rights Strength: Strong Proposed by: South OceanaDescription: Observing that there is currently no guarantee of justice for those accused of criminal acts.Noting that convictions are often unsafe due to the absence of any legal requirements for a trial under international lawRemarking that miscarriages of justice are common.Believing that it should be everyone’s right to be protected from malicious and unfair prosecution by law.Further believing that the more rigorous examination of evidence seen in a fair trial will lead to fewer innocent people being unfairly punished.Hereby mandates that all WA member nations guarantee a fair trial to anyone facing prosecution in their territory, in accordance with the following requirements:Article 1 § That the accused be seen as innocent until proven guilty beyond all reasonable doubt, thus placing the onus of proof on the prosecuting authority.Article 2 § That the defendant be given the right to present his case or to be represented by a person of his choosing.Article 3 § That the evidence shall be considered by an impartial jury of no less than 5 people and presided over by a judge with knowledge of the laws being applied and the requirements for a trial.Article 4 § That all persons shall have the right to remain silent when questioned, and exercising this right shall not be used as evidence against them in court.Article 5 § That information and testimony may not be extracted under duress or using any form of physical or psychological torture.Article 6 § That the defendant shall have the right to question any witness who provides evidence.Article 7 § That the defendant be entitled to appeal against both the sentence and verdict that has been passed.Article 8 § That any punitive sentence passed by a court be proportional to the crime committed.Article 9 § That the proceedings of the trial conclude within a reasonable time period.
