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Report No. 200

Universal Declaration of Human Rights (1948)

There are certain rights of suspects and accused which are basic human rights. They are expressly referred to in various articles of the Universal Declaration of Human Rights (1948).

Article 3 of that Declaration states that everyone has right to life, liberty and security of person.

Article 10 deals with the right of an accused "in full equality to a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of any criminal charge against him".

Article 11 of the Universal Declaration deals with the right to be presumed innocent and reads thus:

"Article 11 (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time it was committed. Nor shall a heavier penalty be imposed than the one that is applicable at the time the penal offence is committed."

Article 12 deals with the person's privacy rights and reads thus:

"Article 12: No one shall be subject to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to protection of the law against such interference and attacks."

Besides these, Article 9 states that "No one shall be subjected to arbitrary arrest, detention or exile."

So far as freedom of expression is concerned, Article 19 of the Universal Declaration of Human Rights reads:

"Article 19: Everyone has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

Trial by Media free speech and fair trial under Criminal Procedure Code, 1973 Back

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