… an
independent
and
impartial
tribunal
established
by
law
. …’
European Union law
5 Recital 16 of Directive 2016/343 is worded as follows:
‘The presumption of innocence would be violated if public statements made by public authorities, or judicial decisions other than those on guilt, referred to a suspect or an accused person as being guilty, for as long as that person has not been proved guilty according to law. …
… Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the
lawfulness
of his detention shall be decided speedily by a court and his release ordered if the detention is not
lawful
.
…’
4 Article 6 of the Convention, entitled ‘Right to a fair trial’, states in paragraph 1:
‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by …