Concluding Remarks

The importance of adequate due process rules may not be underestimated; these rules are crucial for adequate redress and further development of human rights law. Without well-functioning due process rules, the rule of law does not function adequately and human rights cannot be secured effectively without protection by effective, independent and impartial tribunals. The broad interpretation by international supervisory mechanisms, their complexity and the frequency by which they are invoked lead to the conclusion that both fair trial and effective remedies rules will continue to receive substantial attention from the international supervisory mechanisms for years to come. The case-law of the supervisory mechanisms has already contributed enormously to the refinement and improvement of due process law.

In several national legal systems there are systemic faults in compliance with fair trial and effective remedy rules, notably in connection with equality of arms, fair hearing and reasonable time issues. Regrettably, such systemic faults cannot be easily or immediately corrected. They require political will and long-term investment in the justice system.

Icelandic Human Rights Centre

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