114 Legal Digest of International Fair Trial Rights tively justified, may amount to a breach of the principle of equality of arms.456 Regard must, therefore, be paid to factors such as the expert’s procedural position and her/his role in the proceedings.457 The European Court of Human Rights noted, in Brandstetter v Austria, that the right to a fair trial does not require that a national court should appoint, at the request of the defence, further experts when the expert appointed by the court supports the prosecution case.458 6.2 Instruction concerning rights during trial In Steel and Morris v the United Kingdom, the European Court of Human Rights reiterated that, especially in the context of the right to a fair trial (given the prominent place it holds in a democratic society), the ECHR is intended to guarantee the practical and effective exercise of rights. The Court explained that: “It is central to the concept of a fair trial, in civil as in criminal proceedings, that a litigant is not denied the opportunity to present his or her case effectively before the court.”459 The Human Rights Committee has also stated, in the criminal context, that States Parties to the ICCPR have an obligation to ensure that any person accused of a crime is able to exercise the right to a defence.460 Depending upon the particular circumstances of each case, it might, therefore, be necessary for a judge or the court administration, or even a legal representative, to provide certain information to a party in judicial proceedings to ensure that the person is aware of – and thereby given an opportunity to exercise – her/his fair trial rights. It should be clear, for example, that a person understands that s/he has the right to legal representation and what options might be available for the appointment of legal counsel where the person cannot afford to pay for this (See also 6.6); that a person giving evidence understands that s/he has the right against self-incrimination (See also 5.2); and that a person pleading guilty to a criminal charge has been advised of the full range of available options, including plea bargaining if applicable, and the consequences of a guilty plea. The Human Rights Committee has stated, by way of further example, that the effective exercise of the rights under Article 14 of the ICCPR presupposes that the necessary steps have been taken to inform the accused beforehand about the proceedings against her/him (See also 6.3.1). 456 Mirilashvili v Russia [2008] ECHR 1669, para 178 as well as Stoimenov v the former Yugoslav Republic of Macedonia [2007] ECHR 257, para 40. 457 Mirilashvili v Russia [2008] ECHR 1669, para 178; Sara Lind Eggertsdóttir v Iceland [2007] ECHR 553, para 47 in fine. 458 In Brandstetter v Austria [1991] ECHR 39, para 46. See also, G. B. v France [2001] ECHR 564, para 68. 459 Steel and Morris v the United Kingdom [2005] ECHR 103, para 59. 460 See, for example, Gueorguiev v Spain, HRC Communication 1386/2005, UN Doc CCPR/C/90/D/1386/2005 (2007), para 6.3.