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45-459: The Kellers were convicted of multiple charges and sentenced to 48 years in prison, but were freed in 2013 based on newly revealed information about misconduct by the prosecution and other authorities. The charges against them were dismissed in 2017, and the Kellers were declared "actually innocent", entitling them to compensation for the lost years of their lives. In the summer of 1991, the therapist of

90-474: A "regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples"; and "court offering the essential guarantees of independence and impartiality". The right to a fair trial is enshrined in articles 3, 7 and 26 of the African Charter on Human and Peoples' Rights (ACHPR). The right to a fair trial is also enshrined in articles 5 , 6 and 7 of

135-525: A dubious "expert" on satanic ritual abuse, and the prosecution withholding information from the defense. More generally, there has been more understanding since 1991 of the unreliability of child testimony and that young children are easily suggestible, meaning an unethical or simply incompetent interrogator can easily get wild and false claims from children. On November 26, 2013, the Travis County district attorney's office announced that Fran Keller, now 63,

180-794: A fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights , the Fourth , Fifth , Sixth , Seventh , and Fourteenth Amendments to the United States Constitution , and Article 6 of the European Convention of Human Rights , in addition to numerous other constitutions and declarations throughout

225-407: A fair trial can be difficult to combine. The right to a fair trial has been defined in numerous regional and international human rights instruments . It is one of the most extensive human rights and all international human rights instruments enshrine it in more than one article. The right to a fair trial is one of the most litigated human rights and substantial case law that has been established on

270-569: A fair trial was defined in more detail in the International Covenant on Civil and Political Rights (ICCPR). The right to a fair trial is protected in Articles 14 and 16 of the ICCPR which is binding in international law on those states that are party to it. Article 14(1) establishes the basic right to a fair trial, article 14(2) provides for the presumption of innocence , and article 14(3) sets out

315-627: A fair trial. The ACHPR held that individuals have the right to choose their own counsel and that giving the military tribunal the right to veto a counsel violates the right to a fair trial. Right to a fair trial in the United Kingdom is guaranteed by the Article 6 of the European Convention on Human Rights , which is incorporated in UK law as Schedule 1 of the Human Rights Act 1998 . Between 1971 and 1975,

360-406: A judicial proceeding receive a fair trial. For example, Articles 102–108 of the 1949 Third Geneva Convention detail requirements for the fairness of trials against prisoners of war. Other provisions require a "fair and regular trial"; "safeguards of proper trial and defence"; an "impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure";

405-463: A legal case. With information gathered from Believe the Children , an organization created by the parents involved in the earlier McMartin preschool trial , children enrolled in the Kellers' daycare were repeatedly questioned by parents, therapists and law enforcement officers as part of the investigation. Suspicion expanded to include public officials, including police officers; one officer's ex-husband

450-407: A list of minimum fair trial rights in criminal proceedings. Article 14(5) establishes the right of a convicted person to have a higher court review the conviction or sentence, and article 14(7) prohibits double jeopardy . Article 14(1) states that: All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in

495-446: A six-day trial. The first child, whose testimony began the investigation against the Kellers, said that no abuse had actually taken place, but that she had been coached to claim that abuse had occurred. The only physical evidence of abuse in the case was presented by Michael Mouw, an emergency room physician at Brackenridge Hospital who examined the 3-year-old girl in 1991 on the night she first accused Dan Keller of abuse. Mouw testified at

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540-401: A suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in

585-415: A three-year-old child being treated for behavioural problems due to her parents' divorce alleged that the Kellers had sexually abused the child. The child's mother contacted the police, who alerted the case's eventual prosecuting attorney, who contacted a friend whose child was also enrolled in the day care and being treated by the same therapist. During the time leading up to the trial, two other children from

630-490: A weapon and wounding. The African Commission on Human and Peoples' Rights (ACHPR) frequently deals with instances where civilians are tried by military tribunals for serious crimes. The ACHPR has held that on the face of it military courts to do not satisfy civilians' right to a fair trial (see Constitutional Rights Project v. Nigeria ). In this respect the ACHPR has reaffirmed the right to counsel as essential in guaranteeing

675-468: A wide range of cases including deportations hearings, control orders proceedings, parole board cases, asset-freezing applications, pre-charge detention hearings in terrorism cases, employment tribunals, and planning tribunals. The rationale for a jury was that it offers a check against state power. Under Article 6 of the ECHR , the right to a fair trial implies that accused and public must be able to understand

720-463: Is also sold as single-serving packets designed to be poured into bottled water, as small plastic bottles with pre-mixed drink, or as such novelties as ice cream or fizzing tablets. The colors in Kool-Aid will stain, and hence the substance can be used as a dye for either hair or wool . The Kool-Aid Man, an anthropomorphic pitcher filled with Kool-Aid, is the mascot of Kool-Aid. The character

765-530: Is an active scene of Kool-Aid collectors. A rare old Kool-Aid package can be traded for up to several hundred dollars on auction websites. Kool-Aid is usually sold in powder form, in either packets or small tubs. The actual beverage is prepared by mixing the powder with sugar (the packets of powder are usually, though not always, unsweetened) and water, typically by the pitcherful. The drink is usually either served with ice or refrigerated and served chilled. Additionally, there are some sugar-free varieties. Kool-Aid

810-522: Is provided with a Special Advocate, who is appointed in order to represent their interests; no contact can be made with the appellant after seeing the secret evidence. SIAC is mostly used for deportation cases and other cases of public interest. Secret evidence has seen increased use in UK courts. Some argue that this undermines the British criminal justice system, as this evidence may not come under proper democratic scrutiny. Secret evidence can now be used in

855-626: The European Convention on Human Rights and articles 2 to 4 of the 7th Protocol to the convention. The right to a fair trial is furthermore enshrined in articles 3, 8, 9 and 10 of the American Convention on Human Rights . The right to equality before the law is sometimes regarded as part of the right to a fair trial. It is typically guaranteed under a separate article in international human rights instruments . The right entitles individuals to be recognised as subject, not as object, of

900-607: The European Convention on Human Rights and the fair trial rights apply to all civil rights and obligations created under domestic law and therefore to all civil proceedings (see Apeh Uldozotteinek Szovetsege and Others v. Hungary 2000). Both the European Court of Human Rights and the Inter-American Court of Human Rights have clarified that the right to a fair trial applies not only to judicial proceedings, but also administrative proceedings. If an individual's right under

945-593: The Special Immigration Appeals Commission Act 1997 – which led to the creation of the Special Immigration Appeals Commission (SIAC). It allowed for secret evidence to be stated in court and provided provisions for the anonymity of the sources and information itself. The judge has the power to clear the courtroom of the public and press, and the appellant if need be, if sensitive information must be relayed. The appellant

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990-451: The presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the key provision is Article 10 which states that: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Some years after the UDHR was adopted, the right to

1035-415: The 1978 Jonestown Massacre . At Jonestown, Guyana, followers of Jim Jones ' Temple drank from a metal vat containing a mixture of "Kool Aid", cyanide , and prescription drugs Valium , Phenergan , and chloral hydrate . Present-day descriptions of the event sometimes claim the beverage was not Kool-Aid, but Flavor Aid , a less-expensive product from Jel Sert reportedly found at the site. Kraft Foods ,

1080-711: The ECHR reconsider the case in December 2014. Three court cases related to the Northern Ireland conflict that took place in mainland Britain in 1975 and 1976 have been accused of being unfair, resulting in the imprisonment of the Birmingham Six , Guildford Four and Maguire Seven . These convictions were later overturned, though an investigation into allegations that police officers perverted the course of justice failed to convict anyone of wrongdoing. The United Kingdom created an act –

1125-478: The Jonestown inquest spoke of finding packets of "cool aid" ( sic ), and eyewitnesses to the incident are also recorded as speaking of "cool aid" or "Cool Aid." However, it is unclear whether they intended to refer to the actual Kool-Aid–brand drink or were using the name in a generic sense that might refer to any powdered flavored beverage. There have been multiple documented instances of Kool-Aid being spiked with

1170-424: The Kellers' trial that he found two tears in the girl's hymen consistent with sexual abuse and determined that the injuries were less than 24 hours old. Three years after the trial, while attending a medical seminar, Mouw said a slide presentation on "normal" pediatric hymens included a photo that was identical to what he had observed in the girl. In 2013, at a new trial, Mouw said under oath in no uncertain terms: “I

1215-473: The case against the Kellers had been dismissed, citing actual innocence. This ruling made them eligible for compensation from the state of Texas for the 21 years they spent in prison. In August 2017 they were awarded $ 3.4 million in compensation for the wrongful conviction. Kool-Aid Kool-Aid is an American brand of flavored drink mix owned by Kraft Heinz based in Chicago , Illinois. The powder form

1260-486: The creator of Kool-Aid, has stated the same. Implied by this accounting of events is that the reference to the Kool-Aid brand owes exclusively to its being better-known among Americans. Others are less categorical. Both brands are known to have been among the commune's supplies: Film footage shot inside the compound prior to the events of November shows Jones opening a large chest in which boxes of both Flavor Aid and Kool-Aid are visible. Criminal investigators testifying at

1305-537: The day care offered similar accusations. According to the children, the couple served blood-laced Kool-Aid and forced them to have videotaped sex with adults and other children. The Kellers, they said, sometimes wore white robes and lit candles before hurting them. The children also accused the Kellers of forcing them to watch or participate in the killing and dismemberment of cats, dogs and a crying baby. Bodies were allegedly unearthed in cemeteries and new holes dug to hide freshly killed animals and, once, an adult passer-by

1350-426: The interpretation of this human right. Despite variations in wording and placement of the various fair trial rights, international human rights instrument define the right to a fair trial in broadly the same terms. The aim of the right is to ensure the proper administration of justice. As a minimum the right to fair trial includes the following fair trial rights in civil and criminal proceedings: States may limit

1395-421: The law is at stake, the dispute must be determined through a fair process. In Europe special proceeding may also be subject to Article 6 of the European Convention on Human Rights . In Mills v. the United Kingdom 2001 the European Court of Human Rights held that a court-martial was subject to Article 6 because of the defendants had been accused of what the court considered to be serious crime, assault with

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1440-543: The law. International human rights law permits no derogation or exceptions to this human right. Closely related to the right to a fair trial is the prohibition on ex post facto law , or retroactive law, which is enshrined in human rights instrument separately from the right to fair trial and can not be limited by states according to the European Convention on Human Rights and the American Convention on Human Rights . Speedy justice tends to correlate with quality and fairness of justice. Right to speedy trial and Right to

1485-429: The majority of the Kool-Aid marketing budget towards Latinos. According to the brand, almost 20 percent of Kool-Aid drinkers are Hispanic, and slightly more than 20 percent are African-American. " Drinking the Kool-Aid " is a phrase suggesting that one has mindlessly adopted a dogma of a group or a (cult) leader without fully understanding the ramifications or implications. The backdrop of this are events culminating in

1530-452: The opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. The Geneva Conventions (GC) and their Additional Protocols (APs) require that any prisoners of war facing

1575-622: The psychedelic drug lysergic acid diethylamide . Most notable of these was during Project MKUltra , in which subjects would be given Kool-Aid that was spiked with LSD, before being brainwashed and psychologically tortured . Ken Kesey and the Merry Pranksters frequently held and advertised parties they called the Acid Tests , during which they gave out Kool-Aid that was laced with LSD. Tom Wolfe later wrote about these parties in his book The Electric Kool-Aid Acid Test . Right to

1620-557: The right to a fair trial was suspended in Northern Ireland . Suspects were simply imprisoned without trial, and interrogated by the British army for information. This power was mostly used against the Catholic minority. The British government supplied deliberately misleading evidence to the European Court of Human Rights when it investigated this issue in 1978. The Irish government and human rights group Amnesty International requested that

1665-404: The right to a fair trial or derogate from the fair trial rights only under circumstances specified in the human rights instruments. The European Court of Human Rights and the Inter-American Court of Human Rights have clarified that the right to a fair trial applies to all types of judicial proceedings, whether civil or criminal . According to the European Court of Human Rights, Article 6 of

1710-434: The world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. The right to fair trial is very helpful to explore in numerous declarations which represent customary international law , such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as

1755-488: Was being released on bond and her husband, Dan Keller, who was convicted at the same time, would be released within a week in a deal reached with lawyers. "There is a reasonable likelihood that (the medical expert's) false testimony affected the judgment of the jury and violated Frances Keller's right to a fair trial ," said the district attorney. On June 20, 2017, the Travis County district attorney's office announced that

1800-514: Was created by Edwin Perkins in 1927 based upon a liquid concentrate named Fruit Smack . Kool-Aid was invented by Edwin Perkins in Hastings, Nebraska . All of his experiments took place in his mother's kitchen. Its predecessor was a liquid concentrate called Fruit Smack. To reduce shipping costs, in 1927, Perkins discovered a way to remove the liquid from Fruit Smack, leaving only a powder; this powder

1845-458: Was interrogated for several hours and submitted to two polygraph tests, eventually confessing child (but not ritual) abuse, although he retracted the confession the following morning. Following this confession, the Kellers fled the state, later explaining that their decision was based on the draconian sentences imposed on other, similarly accused day care providers. The children were diagnosed with dissociative identity disorder . The Kellers faced

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1890-523: Was introduced shortly after General Foods acquired the brand in the 1950s. In television and print ads, the Kool-Aid Man was known for randomly bursting through walls of children's homes and proceeding to make a batch of Kool-Aid for them. His catchphrase is "Oh, yeah!". In 2013, Kraft decided to overhaul the Kool-Aid Man, reimagining him as a CGI character, "a celebrity trying to show that he's just an ordinary guy." Starting in 2011, Kraft began allocating

1935-419: Was mistaken.” The Kellers were found guilty and given sentences of 48 years each. Fran Keller went to a prison near Marlin, Texas , while Dan Keller went to a prison near Amarillo, Texas . Later investigation of the case revealed serious problems: there was no physical evidence of abuse, a retracted confession that the investigating officer did not believe, flawed medical exams of the children, testimony by

1980-557: Was named Kool-Aid. Perkins moved his production to Chicago in 1931 and Kool-Aid was sold to General Foods in 1953. Hastings still celebrates a yearly summer festival called Kool-Aid Days on the second weekend in August in honor of their city's claim to fame. Kool-Aid is known as Nebraska 's official soft drink . An agreement between Kraft Foods and SodaStream in 2012 made Kool-Aid's various flavors available for consumer purchases and use with SodaStream's home soda maker machine. There

2025-440: Was shot and dismembered with a chainsaw. The children recalled several plane trips, including one to Mexico, where they were sexually abused by soldiers before returning to Austin in time to meet their parents at the day care. An adult, who had recently claimed to have recovered memories of childhood ritual abuse, claimed the abuse was an example of satanic ritual abuse, and parents began to contact each other, eventually launching

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