European Court of Human Rights - case of Ananyev v. Russia (2009) (excerpts)

European Court of Human Rights - case of Ananyev v. Russia (2009) (excerpts)

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38. Neither the letter nor the spirit of Article 6 of the Convention prevents a person from waiving of his own free will, either expressly or tacitly, the entitlement to the guarantees of a fair trial. However, if it is to be effective for Convention purposes, a waiver of the right to take part in the trial must be established in an unequivocal manner and be attended by minimum safeguards commensurate to its importance. Furthermore, it must not run counter to any important public interest (see, among other authorities, Sejdovic cite above, § 86 in fine, ECHR 2006 II).

39. The Court has also held that before an accused can be said to have implicitly, through his conduct, waived an important right under Article 6 of the Convention, it must be shown that he could reasonably have foreseen what the consequences of his conduct would be (see Jones, cited above).