• E4J University Module Series: Counter-Terrorism

• Module 11: Right to a Fair Trial

• Introduction and learning outcomes

• Key issues

• • International legal framework
  • Regional human rights instruments
  • Key contemporary issues
  • Armed conflict

• Exercises and case studies

• • Exercises
  • Case studies

• Possible class structure

• Core reading

• Advanced reading

• Student assessment

• Additional teaching tools

• References

 

Published in July 2018.

 

 

  This module is a resource for lecturers  

 

Student assessment

 

This section provides suggestions for post-class assignments for the purpose of assessing students' understanding of the Module. Suggestions for pre-class or in-class assignments are provided in the Exercises section.

Assessment questions

• Critically analyse the importance of the principles of independence and impartiality of a court to the fairness of a terrorism related trial. What are some of the primary ways in which these may be undermined?
• Compare and contrast the approaches to the right to a fair trial existing under international and regional human rights systems. What key areas of similarity and/or difference exist? What is the significance of your findings for persons accused of having committed terrorist offences?
• Countries approach the issue of presumption of guilt or innocence of persons accused with terrorist offences differently. Undertake independent research to discover examples of national criminal justice systems which are premised on the presumption of guilty compared with examples of national systems which are based on the presumption of innocence. Analyse your findings considering article 14 International Covenant on Civil and Political Rights (ICCPR) fair trial and due process principles.
• Imagine that you are a member of a law commission tasked with proposing reform to existing fair trial and due process arrangements for terrorism related offences in your own country. What changes would you propose to existing criminal procedural arrangements to bring them fully into line with article 14 ICCPR standards? Imagine that you have been appointed to the Law Commission (or equivalent) in your country undertake a review of existing arrangements for the trial of terrorism offences and to propose legal reform to ensure that they are fully compliant with article 14 ICCPR standards.

 

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