4(B)(vi). Fair trial

In the Stanev case the ECtHR held that the placement of a person with a disability in an institution against their will, on the authority of a guardian, and without access to an effective remedy, constituted a violation of Article 6(1) of the ECHR. This relates to a “right to a court” for those who have suffered an arguable human rights violation.[33] Access to a court must be “practical and effective” and limitations placed on it must not restrict the access of the person to the courts in such a way or to such an extent that the very essence of the right is impaired. Such limitations must pursue a legitimate aim and have a reasonable relationship of proportionality between that aim and the means employed to achieve it.[34]

Reasonable accommodation is also an important feature of a fair trial. If a person needs an interpreter and does not receive one their meaningful participation is compromised and this may lead to an unfair trail.

In finding a violation of Article 6(1) of the ECHR in the Stanev case, the Court noted that access to a court is one of the most fundamental procedural rights for the protection of people deprived of their legal capacity.[35] This is particularly crucial when acting for people under guardianship, and where domestic procedures of review are inadequate.