Under the case-law of the European Court of Human Rights, the rights of defendants in criminal proceedings are primarily guaranteed by Article 6 of the European Convention on Human Rights, which requires that the right to defence must be practical and effective, not theoretical or illusory. In assessing compliance with Article 6, the Court evaluates the fairness of the proceedings as a whole, taking into account all stages of the criminal process. These standards formed the core of the workshop on “Human Rights Protection in Criminal Proceedings”, organised by the project in co-operation with the Justice Academy.

The training brought together 24 judges, prosecutors and legal associates from ordinary courts and prosecution offices in Kosovo*[1]. Through the analysis of the case law of the Court, participants addressed both procedural and substantive safeguards in criminal proceedings, emphasising the need to ensure effective protection of rights of accused persons in all phases of proceedings at all levels of adjudication.

Particular attention was given to the guarantees of adequate time and facilities to prepare the defence, access to legal assistance, and the possibility for the accused to participate effectively in the proceedings. It was highlighted that, according to the Court’s standards, access to a lawyer should in principle be ensured from the earliest stage of the proceedings, including the first police interrogation, unless compelling reasons justify a restriction. Participants also discussed the obligation of authorities to ensure that legal representation is effective in practice and to intervene where it becomes apparent that it is not adequate for defence.

The workshop also covered the principles of equality of arms and adversarial proceedings, stressing that the defence must not be placed at a substantial disadvantage compared to the prosecution. In this context, participants discussed the importance of full access to the case file, the possibility to challenge evidence, the right to question witnesses, and the obligation of the prosecution to disclose both incriminating and exculpatory material.

Further discussions addressed the right to a public hearing, the requirement for reasoned decisions, and the availability of effective remedies, including the right to appeal, as essential elements of the right to a fair trial under the Convention.

Participants analysed key judgments of the European Court of Human Rights, including Artico v. Italy, Daud v. Portugal, Czekalla v. Portugal, Sannino v. Italy and Salduz v. Türkiye, enhancing their understanding of the Court’s standards on effective defence in criminal proceedings. The workshop concluded with a practical case study from domestic judicial practice and an interactive Q&A session, allowing participants to clarify outstanding issues and reflect on the application of Convention standards in their daily work.