Hearing evidence in open court
Article 6 (3)(d) is an aspect of the right to fair trial guaranteed by Article 6 (1), which, in principle, requires that all evidence must be produced in the presence of the accused in a public hearing with a view to adversarial argument. As with the other elements of Article 6 (3), it is one of the minimum rights which must be accorded to anyone who is charged with a criminal offence. As minimum rights, the provisions of Article 6 (3) constitute express guarantees and cannot be read, as it was by the Court of Appeal in R. v. Sellick and Sellick  EWCA Crim 651, as illustrations of matters to be taken into account when considering whether a fair trial has been held. Equally, even where those minimum rights have been respected, the general right to a fair trial guaranteed by Article 6 (1) requires that the Court ascertain whether the proceedings as a whole were fair.
Al-Khawaja and Tahery v The United Kingdom  ECHR 110
5th Edition » | Chapter 12