Right to a Fair Trail in the Prespective of European Convention on Human Rights

Abstract

The right to a fair trial is a norm of international human rights law designed to protect individuals from the unlawful and arbitrary curtailment or deprivation of other basic rights and freedoms, the most prominent of which are the right to life and liberty of the person. Also Article 6 guarantees the right to a fair trial which is of fundamental importance in a democratic society, occupying a central place in the Convention system. Their object and purpose enshrines the principle of the rule of law, upon which such a society is based and built, as well as re?ects part of the common heritage of the States parties to the Convention, according to the Preamble of the Convention. Article 6 is the provision of the Convention most frequently invoked by applicants to the European Court of Human Rights (the Court). The right to a fair trial might seem an unimpeachable example or "paradigm case" of what we mean by a "right" and certainly it is so widely believed that people have such a right that to claim they generally do not strikes one initially as absurd. The main purpose of this paper is to answer the question of what are the basic legal standards that should be used in evaluating the fairness of a trial. The second is how a trial observation mission should be prepared and carried out in practice.

DOI: 10.5901/mjss.2014.v5n27p283