Martinie v France: ECHR 12 Apr 2006

The Grand Chamber said: ‘The Court reiterates that the public character of proceedings before the judicial bodies referred to in art 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering the administration of justice visible, publicity contributes to the achievement of the aim of art 6(1), namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society.
Art 6(1) does not, however, prohibit courts from deciding, in the light of the special features of the case submitted to them, to derogate from this principle. Holding proceedings, whether wholly or partly, in camera, must be strictly required by the circumstances of the case.’

Citations:

58675/00, [2006] ECHR 392

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

CitedAziz v Aziz and others CA 11-Jul-2007
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .
See AlsoMartinie v France ECHR 15-Sep-2010
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Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 07 July 2022; Ref: scu.243683