98 Human Rights Indicators
Outcome
Process
Structural
Table 11
Public hearing by competent and
independent courts
Presumption of innocence and
guarantees in the determination
of criminal charges
Special protection for children
Review
by a higher court
• Time frame and coverage of national
policy on judicial services, including on
strengthening courts, against extortion,
bribery or corruption
• Date of entry into force and coverage
of regulatory bodies for judicial and
legal profession
• Identified/prescribed time limits to
guide pretrial and trial stages in the
determination of charges against a
person
• Time frame and coverage of national
policy on the provision of legal aid to
specific population groups
• Date of entry into force and coverage of juvenile court
• Date of entry into force and
coverage of rehabilitation systems
for children involved in crime
• Legal age of criminal
responsibility
• Date of entry into force
and coverage of the right
to appeal to a higher
court and full review
of legal and material
aspects of person’s
conviction and sentence
• Proportion of total hearings opened to
general public
• Proportion of adjudicated cases for
which at least one irregularity in the
pretrial determination of charges was
noted by the courts
• Conviction rates for indigent defendants
provided with legal representation as
a proportion of conviction rates for
defendants with lawyer of their own
choice
• Proportion of crimes (e.g., rape,
physical assaults) brought before
judicial authorities
• Proportion of convictions obtained in
absentia (in whole or in part)
• Reported cases of presumption of
guilt and prejudgement by a court or
public authorities (e.g., adverse public
statements)
• Proportion of cases where the time for
arrested persons before receiving
notice of the charge (in a legal sense
and in language they understand)
exceeded statutory or mandated limit
• Proportion of public attendees at court
who rate services and court as highly
accessible in their own language (court
user survey)
• Proportion of defendants with access
to adequate facilities, a lawyer or legal
aid for their defence
• Proportion of pending cases and
average duration of criminal trials
• Proportion of cases where time between
arrest and trial exceeded statutory or
mandated limit
• Reported cases of killing, assault, threat
and arbitrary dismissal of persons with
judicial functions
• Number of children arrested/
detained per 100,000 child
population
• Recidivism rates of juveniles
• Proportion of prosecutors and
defence lawyers working on
juvenile cases with specialized
training in juvenile justice
• Proportion of juvenile detainees
provided with free legal
assistance within
24 hours of the start of custody
• Proportion of juveniles in custody
receiving education/vocational
training by trained teachers for
same hours as students that age
at liberty
• Proportion of courts adapted
to handling juvenile cases
• Proportion of convicted juveniles
sentenced to imprisonment
• Proportion of juveniles accessing
rehabilitation services after
release
All indicators should be disaggregated by prohibited grounds of discrimination, as applicable and reflected in metadata sheets
• Conviction rates by type of adjudicated crime (e.g., rape, homicide, physical assaults) and characteristics of victims and perpetrators (e.g., sex, juvenile)
• Reported cases of arbitrary detention in the reporting period
• Reported cases of miscarriage of justice and proportion of victims who received compensation within a reasonable time
• Proportion of persons with judicial
functions (e.g., judges and
prosecutors) formally investigated for
breach of duty, irregularity, abuse (e.g.,
corruption)
• Proportion of formal investigations of
persons with judicial functions resulting
in disciplinary action or prosecution
• Number/proportion of civilians tried by
military courts or special courts
• Average number of cases assigned/
completed by person with judicial
functions at different levels of judiciary
• Share of public expenditure on courts
and prosecution system
• Average salary of persons with judicial
functions as percentage of regulated
minimum wages
• Proportion of population within X
hour(s) of a fully functioning court or
number of persons with judicial
functions per 100,000 population
• Proportion of requests for legal
assistance and free interpreters being
met (criminal and civil proceedings)
annually
• Number/proportion of cases referred to
alternative dispute resolution
• Proportion of crimes (e.g., rape,
physical assaults, domestic violence)
reported to the police (victimization
survey)
• Proportion of crime victims in cases sent
to court by police who confirm charges
or appear at proceedings with the court
or prosecutors
• Proportion of criminal
convictions in which
sentence was reduced
or a criminal conviction
vacated or returned for
retrial or resentencing
• Proportion of convictions
for serious offences in
which the person
convicted received legal
assistance to consider
seeking review by higher
court/tribunal
• Proportion of cases
appealed by
defendants or by
prosecutors
• Proportion of cases
where the right to
appeal is excluded
or restricted to specific
issues of law
• Proportion of received complaints concerning the right to a fair trial investigated and adjudicated by the national human rights institution, human rights ombudsperson or other mechanisms and proportion
of these responded to effectively by the Government
• Number of communications from the Special Rapporteur on the independence of judges and lawyers and proportion responded to effectively by the Government
• Proportion of judges, prosecutors and lawyers trained on human rights and related standards for the administration of justice
• Date of entry into force and coverage
of legislation guaranteeing nondiscriminatory access to courts (e.g.,
for unaccompanied women, children
and migrants), including provision of
legal aid
• Date of entry into force and periodicity
of review of civil and criminal
procedure codes
• International human rights treaties relevant to the right to a fair trial ratified by the State
• Date of entry into force and coverage of the right to a fair trial in the constitution or other forms of superior law
• Date of entry into force and coverage of domestic laws for implementing the right to a fair trial, including on procedures for the appointment, remuneration, dismissal of persons exercising judicial functions
• Number of registered and/or active NGOs (per 100,000 persons) involved in the promotion and protection of the right to a fair trial
Access to and
equality before courts and tribunals
Illustrative indicators on the right to a fair trial (Universal Declaration of Human Rights, arts. 10-11)
IV. >> Illustrating the Framework - Indicators for Some Rights
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