J. G. Merrills
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A. H. Robertson
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The rights guaranteed III
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Article 6, like Article 5, is one of the longest and most important provisions of the European Convention on Human Rights. It guarantees the right to a fair trial. In the Golder case in 1975 the Court had to decide a point of fundamental importance relating to the scope of Article 6(1): whether this provision is concerned only with the way legal proceedings are conducted, or whether, in addition, it confers a right of access to the courts. The right guaranteed by Article 6(1) is to a fair and public hearing 'by an independent and impartial tribunal established by law'. Like the provisions of Article 6(3), the presumption of innocence is a specific aspect of the right to a fair trial, and for obvious reasons applies only in criminal cases.

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Human rights in Europe

A study of the European Convention on Human Rights, Fourth edition

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