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Right to a fair trial

Avocat Strasbourg

1. Everyone has the right to have their case heard  fairly, publicly and within a reasonable time, by an independent and impartial tribunal, established by law, which will decide either disputes over her civil rights and obligations, or the merits of any criminal charges brought against her . Judgment must be rendered publicly, but the press and the public may be closed to the courtroom during all or part of the trial in the interest of morality, public order or national security in a democratic society,  when the interests of minors or the protection of the privacy of the parties to the proceedings so require, or to the extent deemed strictly necessary by the court, when in special circumstances publicity would be likely to prejudice the interests of justice.

2. Any person charged with an offense is presumed  innocent until proven guilty.

3. Every accused person has the right, in particular, to:  

a) to be informed, as soon as possible, in a language which he understands and in a detailed manner, of the nature and the cause of the accusation brought against him;

(b) have the time and facilities necessary for the  preparation of his defence;

c) defend himself or have the assistance of a defender  of his choice and, if he does not have the means to pay a defender, to be able to be assisted free of charge by an official lawyer, when the interests of justice so require;

(d) examine or cause to be examined the witnesses against him and  obtain the attendance and examination of defense witnesses under the same conditions as prosecution witnesses;

(e) to have the free assistance of an interpreter, if he  understand  not or does not speak the language used in court.

 

A non-governmental organization can intervene on behalf of a person with a serious illness

 

 

In a judgment delivered on July 17, 2014 against Romania, the European Court of Human Rights ruled that given the seriousness of the illness of a young HIV-positive Roma suffering from mental illness, a non-governmental organization can the European Court on his behalf.

In this case the Court takes into account the fact that no dispute was raised by the respondent State when this NGO initiated proceedings at the national level and the fact that the person concerned was not placed under guardianship or curatorship. . 

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