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 1 - Introduction
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
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 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.
Article 6 of the European Convention on Human Rights (“the Convention“) guarantees everyone a right to a fair trial. Article 6 does not guarantee a right to a perfect or ideal trial but a right to a fair or due process. The primary concern of the European Court of Human Rights (“the Court“) under Article 6 §1 is to evaluate the overall fairness of the proceedings.
- Type
- Chapter
- Information
- Right to a Fair TrialA Practical Guide to the Article 6 Case-Law of the European Court of Human Rights, pp. 1 - 6Publisher: IntersentiaPrint publication year: 2021