The right to a fair trial under the European Convention

Abstract

Every game, by its very nature, must be played according to the previously established rules to which the players consented. This is an essential condition, which ensures the fairness of a given game. As a matter of fact, if the game is played according to the rules involved, the players and audience would not question the justness of the result of the game. The jurisprudence calls the said rules, rights and duties, or rather freedoms and responsibilities. According to these legal rules, justice must be delivered in accordance with the procedural norms prescribed in legal documents, which were approved of by the general will of people. In other words, when ascertaining whether an individual is right or wrong, or guilty of a crime or not, the procedural steps must be strictly followed that protects the individual in particular, and society as a whole. This thesis examines some of the important rules of the 'game of justice'; and it asserts that without complying procedural guarantees, the judicial decision, which determines the fate of an individual, cannot be regarded as being just. The first chapter, right of access to courts, maintains that every individual, regardless of his economic status, colour, race, sex, etc., must be given the opportunity to take part in the 'game of justice'. The second chapter, the principle of equality of arms, argues that if one player has got a weapon, which is not possessed by the other side, this unequal situation must be balanced properly for the sake of a fair game. Chapter three, the right to receive justice without undue delay, attempts to explore the meaning of the maxim: Justice delayed is justice denied; and consequently underlines the importance of a timely result in a given game. The fourth chapter, the independence and impartiality of the judiciary, demonstrates how important to a have an independent and impartial 'referee' to ensure a fair play. The fifth and final chapter, the right to public hearing, asserts that without the presence of a critical audience the fairness of a play cannot be well assessed.