Fair Trial for Victims Invoking Civil Claims: Rereading Αrticle 6(1) echr

Abstract

The application of Article 6(1) echr under certain conditions in the case of the victim constitutes a distinct scope of application of the right to a fair trial. Even though the article applies only to the accused in its criminal aspect, it may apply in its civil one in criminal proceedings in the case of the civil party or any other procedural status inextricably linked to securing a civil claim. In this article, the exact scope of application for the victim will be examined alongside the extensive case-law of the ECtHR, which redefines the rights deriving from Art.6(1), revealing a new aspect of the right to a fair trial.