As to Article 6 of the ECHR and other lex specialis

As to the rights and freedoms which are claimed to have been violated by court judgments, the applicability of Article 13 of the ECHR is determined by way of viewing this right through the prism of the right to a fair trial under Article 6 of the ECHR.¹⁷¹⁷ Article 6 of the ECHR guarantees, inter alia, the right of access to an independent and impartial tribunal. However, this right does not provide the possibility to challenge a first instance judgment before an appellate court (a right of appeal is offered in criminal matters under Article 2 of Additional Protocol No. 7 to the ECHR). In addition, Article 13 of the ECHR does not exceed this scope and, thereby, does not require that first instance judgments should be challenged before courts of higher instance to establish compliance with the principles of human rights and freedoms.¹⁷¹⁸ In cases where a violation of the right of access to court as safeguarded by Article 6, paragraph 1 of the ECHR has been established, it may be decided that it is unnecessary also to examine the complaint under Article 13 of the ECHR as the requirements of Article 13 of the ECHR are less strict than those of Article 6 of the ECHR.¹⁷¹⁹ There is no violation of the right to an effective remedy where the law does not guarantee an appeal instance or a public hearing before an appellate court.¹⁷²⁰ The same applies to a procedural situation where the RS Supreme Court referred the case back to the court of first instance for renewed proceedings, without the possibility of holding a public hearing. In such a case, it is possible to refer to a violation of the right to a fair trial under Article 6, paragraph 1 of the ECHR.¹⁷²¹

Article 5 paragraph 4 provides a lex specialis in relation to the more general requirements of Article 13.¹⁷²² Article 1, Additional Protocol No. 7 to the ECHR, as regards extradition and deportation of aliens, may in some cases provide a lex specialis in relation to Article 13 of the ECHR.¹⁷²³