Article 6 of the European Convention on Human Rights defines the right to a fair trial, which includes the right to a public hearing by an independent and impartial tribunal.
It also reiterates the importance of the presumption of innocence, the facilities to be granted to the defence, the possibility of examining witnesses, the assistance of an interpreter and the assistance of a lawyer.
Article 7 of the European Convention on Human Rights reiterates the principle of the legality of penalties, prohibiting the prosecution and conviction of anyone for acts not expressly provided for and punishable by law.
However, if the offence in question must be legally established, it may be so under both national and international law, which allows prosecution for certain acts that are not illegal under the laws of the country at the time of the offence, but which are illegal under international law at the time of the offence.
It also prohibits laws from being retroactive, a principle immediately corollary to that of the legality of penalties.
Article 13 of the European Convention on Human Rights defines the right of everyone to an effective remedy before the national courts for violations of rights protected by the Convention.
Violation of this right to an effective remedy cannot therefore be invoked on its own, but must always be invoked in conjunction with a violation of another fundamental freedom (for which no remedy has been provided under national law).
Article 6: the 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:
Article 6 of the European Convention on Human 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 witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.”
Article 7: No punishment without law
“1. No one may be sentenced for an act or omission which, at the time it was committed which, at the time it was committed, did not constitute an offence under national or international law. Nor shall a heavier penalty be imposed applicable at the time when the offence was committed.
“2. This Article shall not prejudice the trial and punishment of any person
Article 7 of the European Convention on Human Right
of a person guilty of an act or omission which, at the time it was committed
committed was criminal according to the general principles of law
recognised by civilised nations.”
Article 13: the right to an effective remedy
“Everyone whose rights and freedoms as set forth in the Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
Article 13 of the European Convention on Human Rights