Interights Article 6 Manual

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RIGHT TO A FAIR TRIAL UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS (ARTICLE 6) interights MAnUAL FOr LAWYers | cUrrent As At septeMber 07 prOdUced With the generOUs sUppOrt OF the Open sOcietY institUte

INTERIGHTS Manual for Lawyers – Right to A Fair Trial under the ECHR (Article 6)

Handbook Staff externAL editOrs/ AUthOrs internAL editOrs/ AUthOrs Yonko Grozev, Dovydas Vitkauskas Sîan Lewis-Anthony Doina Ioana Straisteanu Dina Vedernikova AssistAnt editOr/ series cOOrdinAtOr tYpesetting + design Arpine Avetisyan Tom Carpenter

INTERIGHTS Legal Staff
LAWYERS ACTING ExECuTIVE DIRECToR LITIGATIoN DIRECToR LEGAL PRACTICE DIRECToR SENIoR LAWYERS

Jeffrey McBride Helen Duffy Andrea Coomber Iain Byrne Vesselina Vandova Padraig Hughes

LEGAL TEAM CooRDINAToRS

Constantin Cojocariu Sibongile Ndashe Judith A. oder Solomon Sacco Doina Ioana Straisteanu Dina Vedernikova Arpine Avetisyan Moni Shrestha

INTERIGHTS Board of Directors Lord Lester of Herne Hill QC, HoNoRARY PRESIDENT Prof Jeremy McBride, CHAIR Priscilla Ashun-Sarpy, TREASuRER Dr Chaloka Beyani Prof Christine Chinkin Jonathan Cooper, oBE Tim Eicke Michael Griffin Anne Lapping Dr Neville Linton Alexandra Marks Prof Rachel Murray Emma Playfair Dr Lynn Welchman

INTERIGHTS International Advisory Council Prof Philip Alston Florence Butegwa Roger Errera Prof Yash P. Ghai Asma Khader Prof Harold Koh Viviana Krsticevic Marek A. Nowicki Sonia Picado Prof Gerard Quinn Dr Mary Robinson Prof Martin Scheinin Suriya Wickremasinghe

INTERIGHTS Manual for Lawyers

© INTERIGHTS 2009

INTERIGHTS Manual for Lawyers – Right to A Fair Trial under the ECHR (Article 6)

Using this Manual This manual has been designed by interights’ Europe Programme for its training projects in Central and Eastern Europe and the former Soviet union. Its purpose was serve as a reference for lawyers on the European Convention on Human Rights. The manual is formatted so that it can be updated periodically on interights’ website. The manual includes judgments of the European Court of Human Rights up to September 2007. Any errors, omissions or faults are those of the authors. Alternative formats of the manual are available upon request. Acknowledgements interights would like to thank all those who have been involved in the production of this manual. Doina Ioana Straisteanu, Lawyer with interights’ Europe Programme, was the internal editor and part author of this manual. Yonko Grozev was the external editor and Dovydas Vitkauskas and Sian Lewis Anthony also did significant editorial work. interights is grateful to its many interns and volunteers who contributed to the research for and writing of this manual. Above all, interights would like to thank the open Society Institute, without whose financial and moral support this project would not have been completed.

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Lancaster House 33 Islington High Street London N1 9LH uK Tel: +44 (0)20 7278 3230 Fax: +44 (0)20 7278 4334 E-mail: ir@interights.org www.interights.org

© INTERIGHTS 2009

All rights reserved. No part of this publication may be reproduced or translated without the prior permission of the publisher. Copyright remains with INTERIGHTS. However, part or the whole of this publication may be transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without seeking the prior permission of the publisher.

INTERIGHTS Manual for Lawyers

© INTERIGHTS 2009

INTERIGHTS Manual for Lawyers – Right to A Fair Trial under the ECHR (Article 6)

Table of Contents 1. intrOdUctiOn 1.1. Specifics and structure of Article 6 1.1.1. Autonomous nature 1.1.2. Difference in procedural protection 1.1.3. Fourth Instance doctrine 2. scOpe OF prOtectiOn 2.1. Applicability of Article 6 2.2. “Civil rights and obligations” 2.2.1. Dispute (“contestation”) over a “right” 2.2.2. Determination of the right 2.2.3. A “civil” right 2.3. “Criminal charge” 2.3.1. Characterisation by the...
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