Article 6 of ECHR Overview

Overview

This lecture covers Article 6 of the European Convention on Human Rights (ECHR), focusing on the right to a fair trial and its main components.

Article 6 protects the right to a fair trial in both criminal and civil cases.
The Magna Carta 1215 first established the right to trial by jury.
Article 6(1) requires an independent and impartial court for all cases.
The Pinochet case illustrates the need for judicial impartiality.
Trials must occur within a reasonable timeframe, in public, and must be fair.
There should be equality of arms (equal opportunity for both parties), as in Steele and Morris.
Evidence must be disclosed unless national security is at risk.

6(3)(a): Right to be informed promptly of the accusation in a language understood.
6(3)(b): Right to adequate time and facilities to prepare a defense.
6(3)(c): Right to free legal advice, which may be denied (Ibrahim case).
6(3)(d): Right to examine and cross-examine witnesses.
6(3)(e): Right to a free interpreter when needed.
The Thompson and Venables case highlights the importance of the defendant's understanding of the trial.

Article 6 ECHR — Right to a fair trial under the European Convention on Human Rights.
Independent and Impartial Court — Judges must be unbiased and not involved with either party.
Equality of Arms — Both sides must have equal opportunity to present their case.
Presumption of Innocence — The legal principle that one is innocent until proven guilty.
Right to Silence — The defendant's right not to answer questions that might incriminate them.
Right to Interpreter — Right to free translation services if the trial is not in a language understood by the defendant.