Open Justice and Human Rights

Open Justice and Human Rights

1. European Convention on Human Rights

   • Article 6: Right to a fair trail
     • "...Everyone is entitled to a fair and public hearing..."
     • "...Judgement shall be pronounced publicly but the press and public may be excluded for all or part of the trail..."
       • "...in the interests of morals, public order or national security..."
         • "...where the interests of juveniles or the protection of private life of the parties..."
           • "or to the extent... where publicity would prejudice the interests of justice"
       • "Everyone charged with a C.offence shall be presumed innocent until proved guilty"
   • Article 8: Right to respect for private and family life
     • "Everyone has the right to respect for his private and family life, his home and his correspondance
     • "There shall be no interference by a public authority with the exercise of this right"
       • "Except such as in accordance to the law and is necessary... in the interests of..."
         • "National security, public safety, economic well-being of the country, for the prevention of disorder or crime...
           • "For the protection of health or morals, or for the protection of the rights and freedom of others"
   • Article 10: Freedom of expression
     • "Everyone has the right to freedom of expression.... including freedom to hold opinions and to receive and impart information and ideas..."

2. In camera, in chambers, in private

   • In Camera - when the media and public are excluded for all or part of the trail
   • In Chambers - When a judge holds a hearing in a courthouse room, not a formal court
   • In Private - Covers both In Camera and In Chambers

3. A fundemental rule in common law for the courts to administer justice in public

4. When they can exclude the press/public from court(Common law):

   • Frustrate the process of justice e.g intimate matters in the presence of strangers
   • When publicity would defeat the object of proceedings
     • Trade secrets or national security
   • When the court is exercising a parental role to protect the interests of vunereble people