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Private prosecutions

01 January 1991

Private prosecutions
bacdoc September=1992

Helmers v Sweden (29.10-91) Series A, Vol 212-A
European Court of Human Rights

Facts

Following the failure of the applicant to obtain a post at a
university, the university committee published a written
opinion. The applicant attempted to bring a private
prosecution for defamation. At one stage during the appeal
process, he was denied a public hearing and the right to be
heard in person.

Decision

The court said that article 6(1) does not guarantee a right to
bring a criminal prosecution. However, because this right was
contained in domestic law and there was a close link between
the outcome of the private prosecution and the civil claim,
the right to a fair trial extended to the conduct of the
private prosecution. In this case, the denial of the right to
be heard and of a public hearing breached article 6.

Comment

This was a complex case, but it should assist private
prosecutors in obtaining the right to a fair trial where a
criminal case is clearly linked to a civil claim. This might
also be extended to ensure the fairness of other proceedings,
such as inquests.

Although the court in this case concluded that a public
hearing was necessary at the appeal stage, provided a public
hearing is held at first instance, it is not necessarily a
breach of the article to deny a public hearing on appeal. The
absence of a public hearing at the leave-to-appeal stage and
during hearings involving only questions of law will not
necessarily contravene the convention (see Jan-Ake Anderson v
Sweden (29.10.91) Series A, Vol 212-B).

EC Europe Law Civil liberties

Legal Action, John Wadham (legal officer Liberty)