77
Chapter iv
Right
to a Public Hearing
Article 14(1) of the ICCPR
“…everyone shall be entitled to a… public hearing …The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national
security in a democratic society, or when the interest of the private lives of the parties so
requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice…”
Article 6(1) of the ECHR
“…everyone is entitled to a… public hearing… but the press and public may be excluded
from all or part of the trial in the interests of morals, public order or national security in
a democratic society, where the interests of juveniles or the protection of the private life of
the parties so require, or to the extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of justice.”
OSCE Commitments
(5.16) – in the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone will be entitled to a fair and public hearing …
***
(12) The participating States, wishing to ensure greater transparency in the implementation
of the commitments undertaken in the Vienna Concluding Document under the heading of
the human dimension of the CSCE, decide to accept as a confidence-building measure the
presence of observers sent by participating States and representatives of non-governmental
organizations and other interested persons at proceedings before courts as provided for in
national legislation and international law; it is understood that proceedings may only be held
in camera in the circumstances prescribed by law and consistent with obligations under
international law and international commitments
Document of the Copenhagen Meeting of the Conference on the Human Dimension
of the CSCE, Copenhagen 1990.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents