Fairness & Participation Article 6.1 of the Convention “1. In the determination of … any criminal charge against him, everyone is entitled to a fair… hearing… by [a] tribunal …” Article 6, read as a whole, guarantees the right of an accused to participate effectively in a criminal trial (Murtazaliyeva v. Russia [GC], 2018,.91). In general, this includes, inter alia, not only his or her […]
Right of Access to a Court Article 6.1 of the Convention “1. In the determination of … any criminal charge against him, everyone is entitled to a … hearing … by [a] tribunal …” 10. The “right to a court” is no more absolute in criminal than in civil matters. It is subject to implied limitations (Deweer v. Belgium, 1980,.49; Kart v. Turkey [GC], 2009,.67). […]
The rights of the Defence (Article 6.3) Article 6.3 of the Convention “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 […]
Access to Legal Assistance Legal assistance may be required prior to trial. In Ocalan v Turkey the accused was denied access to lawyers during a period of extensive questioning where he made admissions. He was thereafter permitted to consult lawyers for very limited periods within the hearing of prison guards. He was not given details of the case file until just before the hearing. It […]
Criminal Charge Article 6 § 1 of the Convention “1. In the determination of … any criminal charge against him, everyone is entitled to a … hearing … by [a] tribunal …” The concept of a “criminal charge” has an “autonomous” meaning, independent of the categorisations employed by the national legal systems of the member States (Blokhin v. Russia [GC], 2016, § 179; Adolf v. […]
General principles A prominent place: the Court has always emphasised the prominent place held in a democratic society by the right to a fair trial (Stanev v. Bulgaria [GC], 2012, § 231; Airey v. Ireland, 1979, § 24). This guarantee “is one of the fundamental principles of any democratic society, within the meaning of the Convention” (Pretto and Others v. Italy, 1983, § 21). The […]
Public judgement The judgement in a civil and criminal matter should be pronounced in public. This implies that it be made available and not necessarily that it be made in open court or read out. Judgements may be redacted or withheld to the same extent that parties may be excluded from proceedings in cases such as child protection interests of juvenile’s private life or where […]
General It is a basic principle that the decision-maker cannot be biased or have the appearance of bias. It is not enough that the decision-maker’s decision might be overturned on appeal. The guarantee extends to bias and the appearance of bias. Most cases concern circumstances where a party might reasonably doubt the impartiality of the decision-maker. In civil law systems, the judge may be involved […]
Length of Proceedings Article 6 § 1 of the Convention “1. In the determination of his civil rights and obligations …, everyone is entitled to a … hearing within a reasonable time by [a] tribunal …” In requiring cases to be heard within a “reasonable time”, the Convention underlines the importance of administering justice without delays which might jeopardise its effectiveness and credibility (H. v. France, […]
Access to Court Article 6.1 implies a right of access to a court or equivalent tribunal. This implies the right to commence and take proceedings; Golder v UK. The right of access to a court for the purposes of Article 6 was defined in Golder v. the United Kingdom, 1975, §§ 28-36 (see, as a recent authority, Grzęda v. Poland [GC], 2022, §§ 342-343). Referring […]
Art 2 Prot 7 Right of appeal in criminal matters 1 Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised, shall be governed by law. 2 This right may be subject to exceptions in regard to […]
Burden of Proof In Salabiaku v France the accused was presumed in certain drug offences to be in possession with knowledge and intent to import when found in possession. Presumptions of law or fact operate in every legal system. Clearly, the Convention does not prohibit such presumptions in principle. It does however require the contracting states to remain within certain limits in this respect as […]
Article 6.2 2 Everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law. 3.Everyone charged with a criminal offence has the following minimum rights: to be informed promptly, in a language which he/she understands and in detail, of the nature and cause of the accusation against him/her; to have adequate time and the facilities for the preparation of his/her […]
Public Judgement Article 6 § 1 of the Convention “1. In the determination of his civil rights and obligations …, everyone is entitled to a fair and public hearing by [a] 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 […]
Article 6.1 Article 6.1 of the Convention – 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 […]
Principle “Equality of arms” is central to Article 6.1. This requires fairness between parties in civil and criminal proceedings. It does not need to be absolute. There is no general obligation to provide legal aid. Each party should have a reasonable opportunity to present his case and evidence in a manner that does not place him at a substantial disadvantage relative to his opponents. The […]