International Guidelines on Human Rights and Drug Policy
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II. Obligations arising from human rights standards

8. Right to a fair trial

Everyone has the right to equality before the law and before courts and tribunals, to defend oneself against criminal charges, and to determine one’s rights and obligations in a suit at law. These and other components of the right to a fair trial should not be infringed or limited simply because an individual is accused of illicitly using, cultivating, or trading drugs.

In accordance with this right, States shall:

i. Guarantee to all persons accused of drug-related offences the right to a fair and public hearing, without undue delay, by a competent, independent, and impartial tribunal established by law, and further guarantee that all such persons will be presumed innocent until proven guilty according to the law.

ii. Ensure that such persons have access to prompt, detailed information and free, good-quality legal assistance where needed, in a language and format that is accessible. This includes access to interpreters, consular assistance (where applicable), and legal counsel to defend against criminal charges.

iii. Make provision for those convicted of such offences to have their conviction and sentence reviewed by a higher tribunal according to law.

iv. Avoid extraditing or otherwise forcibly returning or transferring a person to another State to face trial for drug-related offences where that person risks serious violations of the right to a fair trial, unless provided with credible and effective assurances regarding minimum guarantees during criminal proceedings.

Commentary:

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