APPEAL TO THE ECHR
PROTECTION OF THE RIGHT TO A FAIR COURT
Звернення до ЄСПЛ
One of the most important guarantees of human rights is a fair trial.
Failure to comply with a citizen's right of access to a fair legal trial of his or her case virtually nullifies the protection of any other right.
The case law of the European Court of Human Rights provides a fairly broad interpretation of the right to a fair trial under Art. 6 of the European Convention.
The article covers a fairly wide field of different categories of judicial protection. This includes both the institutional aspects of the judicial system and the organizational features of the implementation of individual court proceedings.
Our experienced lawyers can accompany your case at all stages - from a written application to the defense of the position before the European Court.
We assist with recourse to the European Court in any case of violation of Article 6 of the Convention:
RIGHT TO ACCESS TO COURT
provided the opportunity to go to court to protect their rights or resolve a particular issue;
the absence of any practical or legal obstacles on the part of the state to the exercise of this right;
possibility to appeal and review court decisions.
RIGHT TO A FAIR CONSIDERATION OF THE CASE
observance of a reasonable term of consideration of the case;
independence and impartiality of the court (each of the judges does not openly show bias and self-interest, ie is subjectively impartial. In addition, sufficient guarantees are provided to eliminate any doubts about the independence and impartiality of the court);
the publicity of the trial (in particular, the proclamation of the judgment) and, conversely, the confidentiality of the proceedings (in the interests of morality, public order or national security, if required by the interests of minors or the protection of privacy and other special circumstances)
THE RIGHTS OF THE ACCUSED
respect for the presumption of innocence until proven guilty;
immediate, detailed and accessible (in plain language) information on the nature and causes of the accusation;
providing the opportunity to defend oneself (time to prepare the defense, use the legal assistance of a lawyer chosen at its discretion);
free assistance of an interpreter (if necessary);
to demand the summoning and interrogation of defense witnesses on the same terms as prosecution witnesses.
Questions? Do you need legal advice on protecting the right to a fair trial? Contact our lawyers in a way convenient for you:
- contact by phone
- describe the problem in the CHAT (at the bottom of the page).