Discussion
Details
Any accused or litigant, plaintiff or defendant, in both civil and criminal cases, must be able to file a legal complaint, when doubtful about the integrity or impartiality of the judge, or one of the judges making up the court. This is a core principle of due process and any fair trial. Naturally, different jurisdictions regulate the matter differently, but the principle remains true to all, abiding by international principles of a fair trial.
As an example of this, Art. 14 I of the International Covenant on Civil and Political Rights, ratified by Lebanon, Sudan, Morocco and Mauritania a.o., states:
"All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children."
But how do national laws in the Middle East & North Africa deal with the misuse of such legal complaints? What if legal procedures and case investigations are stopped, the cases blocked because of them. How can a limit of legal complaints be justified, how can a misuse be legislated and implemented - how can a balance between the misuse of legal complaints and their necessity for a fair trial best be found?
This is what we will discuss with our honorable guests during these two panels. One panel will compare different regulations in the region, one will shed further light on the situation in Lebanon.
The KAS Rule of Law Office Middle East & North Africa is organizing these panel discussions in cooperation with the Arab League Center for Legal and Judicial Research, based in Beirut.
Please see the (Arabic) event program / booklet for more information. The event will be held in Arabic and translated into English.
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