Commentary

A2.311 Article 6 generally—right to a fair trial

Administration and compliance

A2.311 Article 6 generally—right to a fair trial

A2.311 Article 6 generally—right to a fair trial

Article 6 states that:

'(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 interest 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 interest 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:

  1.  

    •     to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him

  2.  

    •     to have adequate time and facilities for the preparation of his defence

  3.  

    •     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

  4.  

    •     to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same

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