Right to a fair trial

By NHRI mandate

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By country

In 2023, the Federal Institute for the Protection and Promotion of Human Rights (FIRM-IFDH) was appointed by the Federal Public Service (FPS) Justice as a focal point in the fight against SLAPPs (Strategic Lawsuits Against Public Participation), following a recommendation from the European Commission. As the anti-SLAPP focal point, FIRM-IFDH will:

  • Collect and share information regarding remedies against SLAPPs and support for those who are confronted with SLAPPs;
  • Run awareness raising campaigns;
  • Promote capacity building of the target groups (journalists, academics, lawyers, etc.) through training and awareness raising activities;
  • Develop synergies between the relevant instruments in the field of the rule of law and the protection of fundamental rights.

FIRM-IFDH is currently developing its new mandate. It collects and disseminates information about SLAPPs and participates in the Belgian Anti-SLAPP Working Group as an observer. It monitors developments in the field to enable it to advise the federal government and federal parliament on the transposition of the European Union Directive into Belgian law.

In 2025, at the request of the Justice Committee of the House of Representatives, FIRM-IFDH issued advice on a draft bill aimed at protecting critical voices against abusive legal proceedings.

Ombudsman of the Republic of Bulgaria

During mass anti-government protests in 2020, the Ombudsman of the Republic of Bulgaria received several complaints from individuals and civil society concerning violations of the right to freedom of peaceful assembly and the right to legal aid. Protesters were detained by police in Sofia on 10 July and 2 September 2020 in reportedly overcrowded premises and with no access to lawyers. The media published images of violence and presumably excessive use of force against protesters and reporters by law enforcement. The Ombudsman issued a public statement emphasising the need to ensure that any use of physical force and auxiliary means by law enforcement is proportionate and in line with national law and international and regional standards.

In February 2025, the French National Consultative Commission on Human Rights (CNCDH) adopted a comprehensive opinion titled “Combatting Strategic Lawsuits Against Public Participation (SLAPPs)” (“Lutter contre les procédures bâillons”). This recommended that a broad and protective definition of SLAPPs be included in French law, covering all national cases and including civil and criminal proceedings. It also identified (further) ways to combat SLAPPs from both public and private actors.

Public Defender (Ombudsman) of Georgia

A human rights activist from an area outside of state control faced physical danger and criminal charges while being imprisoned due to her human rights work. The Public Defender (Ombudsman) of Georgia challenged her detention and harassment as illegal, calling for a fair investigation and issuing several public statements calling on authorities to ensure her safety. The NHRI also raised international and regional attention of the case and nominated the defender for the Václav Havel Human Rights Prize and the UN Human Rights Prize.

Northern Ireland Human Rights Commission

In 2020 and 2021, journalists investigating organised crime and paramilitarism in Northern Ireland received death threats. For example, journalist Patricia Devlin received online threats, including towards her young son and graffiti featuring the crosshair of a gun next to her name. In September 2021, her complaint that the Police Service had failed to investigate the complaints or provide protection was upheld. In April 2021, a Belfast Telegraph photographer was attacked whilst covering unrest in Belfast.

The Northern Ireland Human Rights Commission (NIHRC) recommended that limitations of journalists’ freedom of expression must be human rights compliant. Information allegedly linking state agents to non-human rights compliant conduct should not be withheld and HRDs should not face intimidation or reprisals for disclosing such information. The NIHRC insisted that the right to a fair trial and effective remedy for journalists are fulfilled. Additionally, it recommends that journalists have effective protection to report on issues of public importance.