ABSTRACT
This chapter will explain some basic aspects of the right to a fair trial protected under Article 6 of the Convention. It shall first examine the elements of that right as they appear in the text of the Convention as well as the central principles the Court has adopted when interpreting that provision. An important consideration is the possibility that an accused person has waived their rights primarily protected by Article 6. The effects of the Court’s case law on domestic law more generally and the law of evidence in particular will also be discussed. One key aspect is that while the Court is limited to reviewing the fairness of a domestic trial and cannot impose exclusionary rules, a finding of a violation of Article 6 may translate into domestic level as an exclusionary rule. The chapter ends with some remarks concerning public interest considerations which may argue against the exclusion of evidence.
