under an obligation to carry out weapon screening to prevent anyone from secretly bringing a weapon into the courtroom. The applicant further submitted that the circumstances of the alleged rape had not been subject to the examination by the trial court and that the alleged rape victim had not been questioned on the issue. He concluded that the authorities' failure to employ alternative measures to ensure security of the courtroom had resulted in the violation of his right to a public and fair trial.
2. The Court's assessment
24. The Court reiterates that the holding of court hearings in public constitutes a fundamental principle enshrined in Article 6 § 1. This protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts can be maintained. Administration of justice, including trials, derives legitimacy from being conducted in public. By rendering the administration of justice transparent, publicity contributes to fulfilling the aim of Article 6 § 1, namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society, within the meaning of the Convention (see Gautrin and Others v. France, judgment of 20 May 1998, Reports of Judgments and Decisions 1998-III, § 42, and Pretto and Others v. Italy, judgment of 8 December 1983, Series A No. 71, § 21). There is a high expectation of publicity in ordinary criminal proceedings, which may well concern dangerous individuals, notwithstanding the attendant security problems (see Campbell and Fell v. the United Kingdom, judgment of 28 June 1984, Series A No. 80, § 87).
25. The requirement to hold a public hearing is subject to exceptions. This is apparent from the text of Article 6 § 1 itself, which contains the provision that "the press and public may be excluded from all or part of the trial in the interests of... national security in a democratic society, ...or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice". Thus, it may on occasion be necessary under Article 6 to limit the open and public nature of proceedings in order, for example, to protect the safety or privacy of witnesses, or to promote the free exchange of information and opinion in the pursuit of justice (see B. and P. v. the United Kingdom, Nos. 36337/97 and 35974/97, § 37, ECHR 2001-III, with further references).
26. Turning to the circumstances of the present case, the Court observes that the trial against the applicant and four other defendants was closed to the public. When deciding on that issue, the trial court referred to the need "to ensure the safety of... all parties to the proceedings, the employees of the Supreme Court... and other persons" and protection of privacy. Accordingly, the question before the Court in the present case is whether the trial court's decision to dispense with the public hearing of the applicant's case was justified.
27. Having regard to the material in its possession and to the parties' submissions before it, the Court answers this question in the negative. In the Court's view, the trial court failed to strike a proper balance between the applicant's right to a public hearing of the criminal case against him, on the one hand, and other important interests at stake, on the other.
28. Firstly, the Court notes that it cannot subscribe to the trial court's opinion that the gravity of the charges against the defendants called for the closure of the trial. To find otherwise would be contrary to the letter and spirit of Article 6 of the Convention.
29. As regards the security concerns proffered by the trial court as a ground for closure of the trial, the Court reiterates that security problems are a common feature of many criminal proceedings, b
> 1 ... 2 3 4 5 6 ... 7
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
