The ECtHR is of the view that the conduct of proceedings outside an ordinary courtroom, especially in a place where the general public does not, in principle, have easy access, such as a prison, constitutes a serious obstacle from the perspective of the ‘right to a public hearing’.

The conduct of proceedings outside an ordinary courtroom, especially in a place where the public generally does not have access, such as a prison, constitutes a serious obstacle to the public nature/publicity of the proceedings. In cases where proceedings are held in such unconventional courtrooms, the State is obliged to take compensatory measures to ensure that the public and the media are adequately informed about the hearing location and provided with effective access. Indeed, in an application brought before it, the ECtHR found a violation of the principle of publicity on the grounds that, despite the information about a hearing held on prison premises being announced and disseminated to the press, no special measure was taken, such as clearly stating information on how to reach the courtroom and the conditions of access. (see Riepan/Austria, 2001, pr. 29-31)