SUBSTANCE
Fair trial / right to have one’s cause heard – article 7
Conflict of interest of prosecutor
Allegations of conflict of interest of the prosecutor in criminal trials is an important issue that
should be taken seriously as it touches on the ‘impartiality of judicial institutions, including
prosecuting institutions, as impartiality is one of the pillars of a fair trial’. Failure to
investigate allegations of conflict of interest of the prosecutor amounts to a violation of the
right to fair trial as ‘justice must not only be done but must be seen to have been done’
(Abubakari Mohamed v The United Republic of Tanzania, Merits, Application 007/2013, 3
June 2016 paras 110 & 111).