BASIC PRINCIPLES OF ARTICLE 6 §3

Article 6 §3 of the Convention guarantees certain rights which are necessary in order to prepare and conduct a good defence. The aim of this provision is to give the accused an equal opportunity to defend himself vis-à-vis the prosecution and to guarantee the procedural equality of arms of the parties. The rights guaranteed by Article 6 §3 of the Convention are minimum rights and nothing prevents the Contracting States from providing a higher level of protection. An accused may also always waive his rights guaranteed under Article 6. The waiver must be made of the accused’s own free will, either expressly or implicitly, and it must be unambiguous. In order to be valid, the purpose of the waiver must not remain unclear.

The requirements of Article 6 §3 are closely connected to the requirements of Article 6 §1 of the Convention. The rights guaranteed in Article 6 §3 comprise elements of the general fair trial requirements under Article 6 §1, representing particular aspects of fairness. Therefore, any shortcomings under Article 6 §3 often also constitute a violation under Article 6 §1 of the Convention. On the other hand, even though no violation of Article 6 §3 may be found, the proceedings can still be considered, as a whole, unfair.