ABSTRACT

I 8.1 Trials and hearings I For clarity and convenience th is book sticks fairly closely to the ECHR for mos t of its discussion so this chapter is entitled 'Right to a fair tria l' to accord with the rubric of Art 6. H owever, as will be seen from the subsequen t analysis, this is something of a misnomer because Art 6 deals with determination of civil righ ts and obligations as well as criminal charges , and in the civil context it is more appropriate to refer to 'hearings' rather than 'trials' . The 'right to a fair tr ial' is therefore part and parcel of the broader rights requ irement of fair process, whic h incl udes Art 7 addresse d in Chapter 9 which deals wit h no punishment without law and ot her aspects of process such as rules of natural justice .