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Fair Process

Human Rights

“Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

United Nations Universal Declaration of Human Rights, Article 8

 

“Everyone is entitled 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.” United Nations Universal Declaration of Human Rights, Article 10

 

“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 had all the guarantees necessary for his defence. 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 when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.” United Nations Universal Declaration of Human Rights, Article 11.

 

“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.” United Nations Universal Declaration of Human Rights, Article 2

 

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Constitution of the United States of America, Amendment V

 

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” Constitution of the United States of America, Amendment VI

 

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Constitution of the United States of America, Amendment VIII

 

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Constitution of the United States of America, Amendment XIV

Fair process involves more than the requirements of "due process" for impartiality in the conduct of legal processes which are already initiated, but demands that such processes be fairly predicated and equitably administered.  Politicized justice which discriminates in targets unfavored individuals and groups for prosecution while dismissing materially similar violations by favored individuals and groups, or which seeks harsher penalties against unfavored entities while offering leniency to favorites, violates constitutional guarantees of equal protection and due process and constitutes an abuse of human rights.