97.
Inthe case of Colozza v Italy,"’ the European Court of Human
Rights held that the right to a hearing in one’s presence is part of the
right to a ‘fair hearing’ in Article 6(1) of the European Convention ori
Fundamental
Rights and Freedoms
(the European
Convention).’”
The Court notes that Article 6 of the European Convention is similar
to Article 7 of the Charter.’
98.
In asimilar vein, the Inter-American Court of Human Rights has
found violations of Article 8 of the American
Convention on Human
Rights which provides for the right to a fair trial, similar
to the provisions
of Article 7 of the Charter. Of note is the Case of
Ecuador where
minimum
Sudrez-Rosero v
the Inter-American Court of Human Rights affirmed the
guarantees to which every person
is entitled under Article
8(2)(c), (d) and (e) of the American Convention on Human
Rights, with
full equality."
11 Application No. 9024/80 A 89 (1985) 7 European Human Rights Reports 516.
12 In that case, the European
Court of Human
Rights stated that “Although this is nct
expressly mentioned in paragraph 1 of Article 6 (art. 6-1), the object and purpose of the Article
taken as a whole show that a person "charged with a criminal offence” is entitled to take part in
the hearing. Moreover, sub-paragraphs (c), (d) and (e) of paragraph 3 (art. 6-3-c, art. 6-3-d, art.
6-3-e) guarantee to “everyone charged with a criminal offence" the right "to defend himself in
person",
"to examine
or have examined
witnesses"
and "to have the free assistance of an
interpreter if he cannot understand or speak the language used in court", and it is difficult to see
how he could exercise these rights without being present.”
13 Application
No. 9024/80
Colozza v Italy A 89 (1985)
7 European
Human
Rights
Reports 516 paragraph 27.
14 Judgment of 12 November, 1997 (Merits) paragraph 82. These guarantees include
“[ajdequate time.and
defend
means for the preparation of his defense [t]he right of the accused to
himself personally
or to be assisted
by legal counsel
communicate freely and privately with his counsel;
of his own
choosing,
and
to
[and] the inalienable right to be assisted by
counsel provided by the state, paid or not as the domestic law provides, if the accused does not
39
—LK_