Fair trial rights in criminal proceeding in Myanmar

• Main Author: Khin, Chit Chit
• Other Authors: Asian Constitutional Law Recent Development and trends : 6th and 7th December 2019, Hà Nội, Việt Nam. Vol. 2
• Format: Conference or Workshop Item
• Language: English
• Published: Đại học Quốc gia Hà Nội 2020
• Subjects: right to a fair trial; human rights; Myanmar; Quyền được xét xử công bằng; Quyền con người; Luật nhân quyền
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94676
• Institution: Vietnam National University, Hanoi

The right to a fair trial is a central pillar of judicial process. The right to a fair trial is also fundamental requirement of the rule of law. It protects people’s life, liberty and reputation. Fair trial standards are found principally within the Universal Declaration of Human Rights, customary international law norms and also other international treaties. As for Myanmar, Myanmar is not a party to the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. However, the Constitution of the Republic of the Union of Myanmar (2008) guarantees fundamental rights and duties of the citizens in Chapter 8 and also prescribes the judicial principles. These principles are to administer justice independently according to law, to dispense justice in open court unless otherwise prohibited by law and to guarantee in all cases the right of defense and the right of appeal under some domestic laws. Moreover, laws and procedures for arrest, detention and punishment are found in the Penal Code and Criminal Procedure Code in Myanmar. The Union Judiciary Law guarantees in all cases the right of defense and the right of appeal under the law. The Legal Aid law, Code of Ethics for Law Officers and Code of Ethics for Judicial Officers also guarantee the right to counsel for the accused. This research paper analyses and assesses the implementation of fair trial rights in criminal proceeding in Myanmar. Whether the implementation of fair trial rights in Myanmar is in line with international standards or not?