article 6

Question 1

article 6

Answer 1

1. everyone is entitled to a fair and public hearing within a reasonable time by an independant and impartial tribunal established by law. judgement 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 and national security in a democratic society, or when in the opinion of the court in special circumstances that 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:
   a) to be informed promptly, in a language which he understands 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 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

Question 2

article 6 cases

Answer 2

T and V v UK - two 11 year old boys tried in an adult court - ECtHR decided that this was a denial of a fair hearing in a breach of A6
golder v UK - a person who wanted to sue the prison was not allowed to see a solicitor - Violation of Article 6 as right to a fair trial includes access to court
R v Ibrahim D needed a translator but was denied access-therefore he didn’t understand the charges against him and the trial proceedings-breach
gafgen v germany-Evidence gained thorugh ill-treatment-unfair but if the evidence has no effect on the case outcome, there is no violation of Article 6

Question 3

Article 6 evaluation

Answer 3

p-rights can be derogated and ignored in the course of an emergency
dev-it is unclear which rights can be ignored in the course of an emergency and the government decide what is considered an emergency
e-therefore it is open to abuse

p-the media can influence juries in high profile cases
dev- therefore this creates bias (T and V) adult court + media =
E- did they really have a fair trial

p-if you have over 30,000 pounds annual income you are not allowed legal aid
dev- therefore many people have to self-fund and represent themselves in court.
e- lack of legal knowledge therefore the trial is unfair

p-you have to exhaust the uk court process before you can make a claim of a breach of your HR in the EctHR
dev-takes time and money and you must be aware of your rights if they have been breached
e-when decision is made it is made by an unelected judge and they may not even be from the UK. this lacks fairness.