politics
March 23, 2026
Serbia does not have a fair trial within a reasonable time
The right to a fair trial is a fundamental human right, guaranteed by the Council of Europe through the European Convention on Human Rights, adopted on November 4, 1950, in Rome.
TL;DR
- Serbia has ratified the European Convention on Human Rights (ECHR), which guarantees the right to a fair trial.
- Serbian law, specifically Article 6, refers to the right to a 'fair and public hearing within a reasonable time' instead of a 'fair and public trial'.
- A 'hearing' is only a phase of the trial, while a 'trial' includes the entire legal process from indictment to appeal.
- This terminological difference can practically limit citizens' rights, as the state might argue it has fulfilled its obligations by ensuring fairness only during the hearing phase.
- To fully comply with Article 6 of the ECHR, Serbia should replace 'hearing' with 'trial' in its legislation to cover rights throughout the entire judicial procedure.
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