Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 53
Paragraph
Paragraph text
This guarantee does not apply if it is proved that the non-disclosure of such a material fact in good time is wholly or partly attributable to the accused; in such cases, the burden of proof rests on the State. Furthermore, no compensation is due if the conviction is set aside upon appeal, i.e. before the judgement becomes final, or by a pardon that is humanitarian or discretionary in nature, or motivated by considerations of equity, not implying that there has been a miscarriage of justice.
Legal status
Non-negotiated soft law
Body
Human Rights Committee
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Governance & Rule of Law
Person(s) affected
All
Year
2007
Paragraph type
Other
Reference
CCPR General Comment No. 32, Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 (2007), para. 53.