Importance of Right to Fair Trial: Legal Analysis of Court Hearings of Political Activists in Myanmar after the 2021 Coup
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Abstract
Political activists in Myanmar have faced significant challenges in accessing their right to a fair trial, particularly since the military coup in 2021. The right to a fair trial is guaranteed by the International Covenant on Civil and Political Rights, which ensures that individuals have the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal. However, following the military coup and the establishment of a special system of court hearings for politically motivated cases, political activists face significant challenges in securing their right to a fair trial during the court hearings. This research article analyzes the court hearing system for political activists in Myanmar from the perspective of the right to a public hearing. Using qualitative research methods and interviews with lawyers and detainees' family members, this study examines the challenges political activists face in accessing their right to a fair trial at their court hearings. This research indicates that a system of closed-door hearings for political cases may elevate the probability of wrongful convictions. This study investigates the implications of restricted public access to Myanmar's special courts for the right to a fair trial of political activists.
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