Respect for the right to a fair trial
Dieu Merci Joseph Matondo Nguvulu
Our Knowledge Publishing
2024
pokkari
Since the advent of the 18th century, it is undeniable that every modern, civilized state has been addressing the issue of respect for the right to a fair trial. From the outset, any party involved in a trial must be given the opportunity to present its case under optimum conditions, and to await its fate within the legal timeframe. Whether we're talking about advocates of victim-centrism or defendant-centrism, compliance with the reasonable time requirement remains essential to guaranteeing a fair trial. There are three components of a fair trial, namely equality of arms and opportunity, respect for reasonable time limits and effective enforcement of judicial decisions. Our reflection concerns the second component, based on the question of respect for reasonable time limits in repressive matters in positive Congolese law, with reference to the case law of the European Court of Human Rights. From this, we have identified the mechanisms for protecting litigants from arbitrary exceeding of reasonable time limits, with a view to ensuring a fair trial for the parties involved.
