ETS 5 – Human Rights (Convention), 4.XI.1950
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2
Everyone who is arrested shall be informed promptly, in a language which he understands,
of the reasons for his arrest and of any charge against him.
3
Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this
article shall be brought promptly before a judge or other officer authorised by law to exercise
judicial power and shall be entitled to trial within a reasonable time or to release pending
trial. Release may be conditioned by guarantees to appear for trial.
4
Everyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings by which the lawfulness of his detention shall be decided speedily by a court
and his release ordered if the detention is not lawful.
5
Everyone who has been the victim of arrest or detention in contravention of the provisions of
this article shall have an enforceable right to compensation.
Article 6 – Right to a fair trial
1
In the determination of his civil rights and obligations or of any criminal charge against him,
everyone is entitled to a fair and public hearing within a reasonable time by an independent
and impartial tribunal established by law. Judgment shall be pronounced publicly 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.
2
Everyone charged with a criminal offence shall be presumed innocent until proved guilty
according to law.
3
Everyone charged with a criminal offence has the following minimum rights:
a
to be informed promptly, in a language which he understands and in detail, of the
nature and cause of the accusation against him;
b
to have adequate time and facilities for the preparation of his defence;
c
to defend himself in person or through legal assistance of his own choosing or, if he
has not sufficient means to pay for legal assistance, to be given it free when the
interests of justice so require;
d
to examine or have examined witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against
him;
e
to have the free assistance of an interpreter if he cannot understand or speak the
language used in court.
Article 7 – No punishment without law
1
No one shall be held guilty of any criminal offence on account of any act or omission which
did not constitute a criminal offence under national or international law at the time when it
was committed. Nor shall a heavier penalty be imposed than the one that was applicable at
the time the criminal offence was committed.
2
This article shall not prejudice the trial and punishment of any person for any act or omission
which, at the time when it was committed, was criminal according to the general principles of
law recognised by civilised nations.
3