Kaltinamojo teisinės garantijos pagal EŽTK 6 str. 3d

Abstract

The Convention for the Protection of Human Rights and Fundamental Freedoms signed in 1950 firms minimal human right protection standards that have to be pursued by all democratic European countries. This Convention has become a minimal human right protection standard. European Court of Human Rights, the most effective international human right protection system so far, was established on the ground of the Convention of Human Rights. The 6th article of the Convention of Human Rights, which entitles everyone to a fair and public hearing, presumption of innocence principle and procedural guarantees, is one of the key articles of the Convention. The third part of the Convention’s 6th article enumerates minimal guarantees of a person against whom criminal charges were brought, i.e. right to be informed of the nature of the accusation against him and motifs, right to have adequate time and the facilities for the preparation of his defence, right to have a defender, right to examine witnesses against him and right to have an interpreter. The state has to ensure these rights to everybody charged with a criminal offence. All defendant’s guarantees indicated in the third part of the Convention’s 6th article are equally important and interrelated. In accordance with the practice of the European Court of Human Rights, it can be stated that the right to be informed of the nature and the cause of the accusation firmed in a subsection of the 6th article’s third part has to be discussed with regard to the defendant’s right to prepare for his defence intended in b subsection of the 6th article’s third part. Besides, the right to defence indicated in c subsection of the 6th article’s third part is supplemented with the right to have a lawyer during the pre-trial criminal process guaranteed in b subsection of the Convention. Security of other rights depends on how human rights in the third part of the Convention’s 6th article are assured.