European Court of Human Rights - case of Håkansson and Sturesson v. Sweden (1990) (excerpts)

European Court of Human Rights - case of Håkansson and Sturesson v. Sweden (1990) (excerpts)

(...)

66. The public character of court hearings constitutes a

fundamental principle enshrined in paragraph 1 of Article 6

(art. 6-1). Admittedly neither the letter nor the spirit of this

provision prevents a person from waiving of his own free will,

either expressly or tacitly, the entitlement to have his case heard

in public (see, inter alia, the Le Compte, Van Leuven and De Meyere

judgment of 23 June 1981, Series A no. 43, p. 25, para. 59, and the

H. v. Belgium judgment of 30 November 1987, Series A no. 127,

p. 36, para. 54). However, a waiver must be made in an unequivocal

manner and must not run counter to any important public interest.