Book contents
- Frontmatter
- Acknowledgements
- Contents
- List of Cases
- Chapter 1 Introduction
- Chapter 2 Civil Rights and Obligations
- Chapter 3 Criminal Charge
- Chapter 4 Rights Guaranteed by Article 6 §1
- Chapter 5 Presumption of Innocence in Article 6 §2
- Chapter 6 Article 6 §3 and Special Guarantees in Criminal Proceedings
- Bibliography
- Index
- About The Authors
Chapter 6 - Article 6 §3 and Special Guarantees in Criminal Proceedings
Published online by Cambridge University Press: 10 December 2021
- Frontmatter
- Acknowledgements
- Contents
- List of Cases
- Chapter 1 Introduction
- Chapter 2 Civil Rights and Obligations
- Chapter 3 Criminal Charge
- Chapter 4 Rights Guaranteed by Article 6 §1
- Chapter 5 Presumption of Innocence in Article 6 §2
- Chapter 6 Article 6 §3 and Special Guarantees in Criminal Proceedings
- Bibliography
- Index
- About The Authors
Summary
Article 6: Right to a fair trial
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 sufflcient 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.
BASIC PRINCIPLES OF ARTICLE 6 §3
Article 6 §3 of the Convention guarantees certain rights which are necessary in order to prepare and conduct a good defence. The aim of this provision is to give the accused an equal opportunity to defend himself vis-à-vis the prosecution and to guarantee the procedural equality of arms of the parties. The rights guaranteed by Article 6 §3 of the Convention are minimum rights and nothing prevents the Contracting States from providing a higher level of protection. An accused may also always waive his rights guaranteed under Article 6. The waiver must be made of the accused’s own free will, either expressly or implicitly, and it must be unambiguous. In order to be valid, the purpose of the waiver must not remain unclear.
The requirements of Article 6 §3 are closely connected to the requirements of Article 6 §1 of the Convention. The rights guaranteed in Article 6 §3 comprise elements of the general fair trial requirements under Article 6 §1, representing particular aspects of fairness. Therefore, any shortcomings under Article 6 §3 often also constitute a violation under Article 6 §1 of the Convention. On the other hand, even though no violation of Article 6 §3 may be found, the proceedings can still be considered, as a whole, unfair.
- Type
- Chapter
- Information
- Right to a Fair TrialA Practical Guide to the Article 6 Case-Law of the European Court of Human Rights, pp. 257 - 350Publisher: IntersentiaPrint publication year: 2021