ANNEX I. >> M
etadata sheets on selected indicators
Rationale
Article 14 (3) (d) of the International Covenant on Civil and Political Rights provides that
defendants should have legal assistance assigned to them, in any case where the interests of
justice so require, and without payment if they do not have sufficient means to pay for it. The
Human Rights Committee, in its general comment No. 32 (2007), states that “counsel provided
by the competent authorities on the basis of this provision must be effective in the representation
of the accused”. Furthermore, blatant incompetence by assigned counsel may entail the
responsibility of the State. The indicator is an outcome indicator that relates to the “access to and
equality before the courts” attribute of the right to a fair trial. As such, it measures the extent to
which equality is achieved in practice.
Method of computation
The indicator is calculated as the ratio of the conviction rate of defendants provided with legal
representation to that of defendants with a lawyer of their own choice for the same crime in the
reporting period. The conviction rate is defined as the percentage of persons brought before the
courts who are convicted. It is essential that this indicator should be calculated for the two groups
of defendants for the same crime, as conviction rates can vary significantly by crime, depending
on the nature of the offence and the difficulties in obtaining evidence. Key crimes that should be
included are intentional homicide, robbery and burglary.
Ideally, the indicator should be calculated on a cohort basis, that is, the conviction rate percentage
calculated for each group (indigent and own lawyer) should correspond to the same persons
brought before the courts and then convicted or acquitted. However, in practice, obtaining these
data can be difficult and an overall average can be used. For example, total (indigent) persons
convicted by the courts for intentional homicide in one year as a percentage of total (indigent)
persons brought before the courts for intentional homicide in one year (where the two groups of
persons are not necessarily the same owing to, for instance, the length of the trial process.
Data collection and source
The main sources of data are court records and reports of the office of the prosecutor at the
national or subnational level.
Periodicity
The data, if compiled, should be available annually.
Disaggregation
The indicator should be disaggregated by type of crime (e.g., homicide, rape, assault, robbery),
stage of proceedings (first hearing or appeal), and by region or administrative unit. It should
also be disaggregated by the characteristics of the defendant, in particular by sex, age (at least
for children or young people under the age of 18 ), economic and social situation, ethnicity,
minority, indigenous, colour, language, religion, political or other opinion, national or social
origin, migrant, disability, sexual orientation, place of residence (rural/urban).
Comments and limitations
The indicator is a good measure of the relative competence and effectiveness of assigned lawyers, and
thus of the effective implementation of the right to a fair trial regardless of the defendant’s economic
status. However, particularly in regions or States with a small number of cases, the indicator should
not be over‑analysed; each case must be assessed on its own merits. This indicator may also be used
jointly with an indicator on the nature and average length of the actual sentences received by indigent
defendants with free legal representation and defendants with lawyers of their own choice.
Examples of references relevant to the right to a fair trial: Universal Declaration of Human Rights,
arts. 10 and 11; International Covenant on Civil and Political Rights, arts. 14 and 15; International
Convention on the Elimination of All Forms of Racial Discrimination, art. 5 (a); Convention on the
Elimination of All Forms of Discrimination against Women, art. 2; Convention on the Rights of the
Child, arts. 12 (2), 37 (d) and 40; International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, arts. 16 (5)–(9) and 18; and Convention on the
Rights of Persons with Disabilities, art. 13.
162 Human Rights Indicators
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