Article 6 of the ECHR – right to a fair trial
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 wtnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Contents: Article 6 of the ECHR – right to a fair trial – in general; The determination of civil rights or obligations – related disputes; The determination of a criminal charge; Enforcement; Access to a court; Right to a fair trial – right to adversarial proceedings; Right to a fair trial – equality of arms in proceedings; Right to public proceedings; Right to attend a trial; Right not to incriminate oneself; Right to a public hearing; Right to a fair trial within a reasonable time; Responsibility of the state for delays in the work of the judiciary; Fair trial – independent tribunal; Fair trial – impartial tribunal; Arbitrariness in establishing facts and applying the substantive law; Fair trial – reasoned judgment; Fair trial – tribunal established by law; Right to a public hearing; Presumption of innocence; Minimum rights of the accused (Information on the nature and type of the accusation; Information in the language he/she understands; Adequate time for the preparation of defense; Adequate facilities for the preparation of defense; The right to defend oneself; The right to legal assistance; The right to examine prosecution witnesses under the same conditions; The right to attend and to hear defence witnesses under the same conditions; Free assistance of an interpreter)