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Topic 2. Right to a fair trial through the European Court of Human Rights practice

Topic 2. Right to a fair trial 1

through 1

the European Court of Human Rights practice 1

1. Introduction 1

2. The content and structure of Article 6 of the ECHR 1

3. Access to court 3

4. Independent tribunal 4

5. Impartial tribunal 4

6. Tribunal established by law 5

7. Equality of arms 6

8. Public hearing 7

9. Reasonable time 8

10. Reasoned judgment 9

11. Execution of the judgment 10

12. Fair trial: the Charter of Fundamental Rights of the EU and the ECHR 11

Sources: 12

1. Introduction

Gordon Hewart, Lord Chief Justice of England and Wales (1922-1940), said: "Justice not only must be done; it must also be seen to be done". 

In other words, justice must be fair both in substance and in form.

European Court of Human Rights implemented this famous aphorism in its practice applying to Article 6 of the European Convention on Human Rights (ECHR).

Article 6 provides a detailed right to a fair trail, including the right to a public hearing before an independent and impartial court within reasonable time, the presumption of innocence, and other minimum rights for those charged with a criminal offence.

2. The content and structure of Article 6 of the echr

Article 6 reads as follows.

Article 6 – Right to a fair trial

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

3. Everyone charged with a criminal offence has the following minimum rights:

a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

b) to have adequate time and facilities for the preparation of his defence;

c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

The first paragraph of Article 6 applies to all kinds of judicial proceedings. It involves at least rights to:

fair hearing,

public hearing,