Artificial Intelligence and the Right to Fair Trial: Emerging Threats

Abstract

The integration of artificial intelligence (AI) into judicial systems has introduced transformative efficiencies in legal processes, including case management, evidence evaluation, and decision support. However, these developments raise significant concerns regarding the protection of the right to a fair trial, a cornerstone of international human rights law. This paper critically examines the emerging threats posed by AI to procedural fairness, focusing on issues of transparency, algorithmic bias, accountability, and judicial independence. Drawing on contemporary scholarship, it argues that the opacity of AI systems undermines the principle of reasoned judgments, while data-driven biases risk reinforcing systemic inequalities (Molbæk-Steensig & Quemy, 2023; Zuiderveen Borgesius, 2020). Furthermore, the diffusion of responsibility between developers and legal institutions complicates accountability frameworks (Katyal, 2019). The study highlights the urgent need for robust regulatory mechanisms, explainable AI models, and sustained human oversight to safeguard fundamental rights. It concludes that without deliberate governance, the deployment of AI in the judiciary may erode trust in legal systems and compromise the integrity of justice.