The right to a public trial : its implications and limitations

Abstract

The concept that justice must not only be done but must be seen to be done has been a notion which has been implemented by the courts for hundreds of years. It is within the interest of the public at large to see the courts’ work in motion as only this exercise can preserve the protection of parties against arbitrary and partial decisions which were undoubtedly prevalent during times of private trials. The public trial is a fundamental tool against arbitrary and discriminatory judgements because proceedings are available for the public at large to scrutinize and ensure that fairness was maintained throughout court proceedings. It goes without saying that the right to a public trial is a vital instrument in ensuring that parties undergo a fair trial, so much so that this right is enshrined in both the European Convention on Human Rights under Article 6 as well as in the Maltese Constitution under Article 39 which basically paraphrases what is found under the aforementioned Article. Hence, it is natural that preventing a trial from being conducted publicly is a breach of one’s human rights and would certainly render proceedings unfair. However, this right is not absolute, in the sense that under given special features, a case may be dealt with behind closed doors in the interest of justice. The aim of this dissertation is not only to explore what is exactly inferred by ‘public’ trials but also seeks to better understand under what circumstances and special features may proceedings be carried out in camera without violating Article 6 of the ECHR and locally; Article 39 of the Maltese Constitution. The dissertation will have a heavy reliance on case law coming from Strasbourg since the European Court deals with several claims pertaining to Article 6 and the right to a public trial but a local evaluation will also be conducted in order to assess public trials from the Maltese courts’ perspective.