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Fair Trials publishes European Standards Framework on trials in absentia as part of the Absent Rights project
Fair Trials today publishes The European Standards Framework Report on Trials in Absentia, authored by Alex Tinsley, Senior Legal Consultant at Fair Trials.
The Report is a comprehensive review of EU law, international human rights standards and relevant case law from the Court of Justice of the European Union, the European Court of Human Rights and the UN Human Rights Committee on trials in absentia and the right to be present at trial. It is accompanied by an annex of case law summaries.
The Report examines the scope of the right to be present, the conditions under which it may be waived, the obligations of authorities to inform individuals of proceedings, the right to a new trial or other effective remedy, and the use of videoconferencing in criminal proceedings.
The right to be present at trial is a fundamental component of the right to a fair trial. Yet important questions remain about when criminal proceedings can legitimately take place in the accused’s absence, what constitutes a valid waiver of the right to attend, and what remedies must be available when a person has been convicted without being present. These questions are particularly important in cross-border judicial cooperation, where national courts may be asked to recognise or enforce convictions handed down following trials in absentia.
About the Absent Rights project
The Framework is part of Absent Rights? Reinforcing the right to presence at trial as a foundation for mutual trust, Fair Trials’ newest coordinated project, co-funded by the European Union. Over two years, the project will examine how these standards are implemented across the jurisdictions studied. By November 2027, Fair Trials will publish a comprehensive comparative European report on implementation and compliance, with recommendations to strengthen fair trial rights protection and mutual trust in judicial cooperation.
