A country should not be judged on how it treats the majority, but on how it treats the minority and the rights afforded to those charged with the most detestable crimes, Justice Albie Sachs told delegates.

The prominent civil rights campaigner, and judge at the Constitutional Court of South Africa, said the mark of a civilised society is its assertion of the principles of the rule of law and a respect for the basic humanity of all its citizens at all times.


Commenting on how the court had interpreted South Africa's bill of rights in four cases that involved defendants accused of the gravest crimes, including terrorism, Judge Sachs said: 'Whatever a defendant might have done, they are entitled to a fair trial and respect for their basic dignity.'


Where a country seeks to remove fundamental rights, he added, it erodes the freedoms it has sought to establish and that are most important in times of crisis.


The question of defendants' rights was also at the heart of a separate conference session on the government's plan to abolish jury trial in serious fraud and other cases.


Peter Thornton QC of Doughty Street Chambers said: 'At a time when a heightened fear of terrorism spawns layers of tough, reactive measures, trial by jury needs to remain comfortingly in place.'


He said it remained a protection against oppressive or politically motivated prosecutions, and added that public confidence in the system was high as the people, rather than the state, owned the verdicts.


Michael Mansfield QC of Tooks Chambers questioned whether a judge alone could provide a sufficient barrier against the excesses of the state.


But Doughty Street's Sir Lois Blom-Cooper QC said jury trial was antiquated because the jury did not give reasons for its decision, which reduced the scope for appeals.


Mr Thornton said the answer was not to abolish trial by jury, but to improve, reform and reshape it.