Right to a fair trial - Article 6 of the ECHR

On June 26, 2019, the Academy of Justice within the CTP conducted a training entitled "The Right to a Fair Trial - Article 6 of the ECHR".

The purpose of this training was to advance the judges' knowledge of the role, requirements and obligations under Article 6 of the European Convention on Protection of Human Rights and Fundamental Freedoms (ECHR) - the right to a fair trial.

The first part of this training covered: The notions and categories contained in Article 6 of the ECHR, procedural protections under the provisions of this Article. Whereas the second part dealt with: the independence and impartiality of the courts in the context of this Article, as well as standards and requirements of Article 6 of the ECHR.

During the training was emphasized that the ECtHR has interpreted this article extensively on the grounds that the extended interpretation of Article 6 is of fundamental importance for the functioning of democracy. In Delcourt v. Belgium case, the court stated that: “in a democratic society within the meaning of the Convention, the right to a fair trial has such an important place that a limited interpretation of Article 6 paragraph 1 would not correspond to the aims and purpose of this provision. "

It was also concluded that the requirements and safeguards provided for in Article 6 of the Convention constitute a duty for every judge and prosecutor to ensure that they are respected throughout the judicial process, and not only during the litigation, but also at all stages of the process. Article 6 states everyone's right to a fair trial, including his right to access to court, to a hearing in the presence of the accused, a right to non-self-incrimination, equality of arms, the right to a fair trial, a hearing with the opposing parties, and a reasonable judgment. All of these are the principles, rights and duties of a judge to provide for a party to a litigation.

According to the ECtHR's interpretation, every court must act in such a way that it imparts impartiality in its administration of justice. This point is emphasized because the judge's impartiality is a very important characteristic of a fair trial that is based on both national and international law. Apart from impartiality, an important element closely related to it is the independence of the judge in the judicial process.

During this training, participants had the opportunity to break down the case law of the ECtHR by braking groups and focusing on the fair implementation of due process of law in accordance with the ECHR.

Beneficiaries: judges and prosecutors of all levels in the Republic of Kosovo and professional associates.