Article 6 of ECHR: Fair Trial Rights

Overview

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

Article 6 ECHR: The Right to a Fair Trial

• Article 6 ensures the right to a fair trial in both criminal and civil cases.
• Magna Carta 1215 first established the right to trial by jury.
• Article 6(1): The accused or defendant has the right to an independent and impartial court (Pinochet case highlights impartiality issue).
• Trials must occur within a reasonable time, be held in public, and be procedurally fair.
• There must be equality of arms—both sides have equal opportunity (Steele and Morris case).
• Evidence must be disclosed to the defense unless national security is at risk.

Article 6(2): Presumption of Innocence

• Defendants in criminal cases are presumed innocent until proven guilty.
• The prosecution carries the burden of proof.
• Defendants have the right to remain silent and not self-incriminate.

Article 6(3): Additional Rights for the Defendant

• 6(3)(a): Right to be informed 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, though it can be denied (Ibrahim case).
• 6(3)(d): Right to examine and cross-examine witnesses.
• 6(3)(e): Right to a free interpreter.
• Trials must be understandable to defendants, especially minors (Thompson and Venables case).

Key Terms & Definitions

• Article 6 ECHR — Guarantees the right to a fair and public hearing.
• Independent and impartial court — A tribunal free from bias or external influence.
• Equality of arms — Both parties have equal opportunity to present their case.
• Presumption of innocence — Defendants are considered innocent until proven guilty.
• Right to silence — Defendants do not have to testify or incriminate themselves.

Action Items / Next Steps

• Review Article 6 and related case law for a deeper understanding.
• Prepare for the next lecture on UK domestic legislation related to fair trial rights.