Equality Of Arms The principle of equality of arms is classified as a sub-principle of fairness, whereby the accuser and the accused must be treated equally before the law. This approach is clearly endorsed in various instruments of international tribunals, and is reflected in the right to legal counsel at the expense of the Tribunal where the accused is indigent, the presumption of innocence and the requirement that guilt must be proven beyond reasonable doubt. The International Convention on Civil and Political Rights (“ICCPR”) is one of the most important instruments that codifies civil and human rights including the right to a fair trial, in which, has been adopted by most countries of the world and Malaysia, being a member of the United Nations should make this ICCPR as part of our law. As could be observed the right to “equality of arms” is enshrined in the ICCPR and these rights include four fundamental fair trial principles: All parties, including the defendant, must have an equal opportunity to present evidence and arguments before the court; No party to the proceedings should benefit from a substantive advantage over the other; All persons must have access to fair and effective remedies; Everyone […]
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