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In its judgment Y. v. Slovenia (no. 41107/10, § 115, ECHR 2015 (extracts)), examining a complaint brought by a rape victim from the perspective of Article 8 of the Convention, the Court found that the manner in which the criminal proceedings had been conducted in that case had failed to afford the applicant the necessary protection so as to strike an appropriate balance between her rights and interests protected by Article 8 and the defence rights of the accused protected by Article 6 of the Convention.

More generally, the Court has required that the manner in which criminal proceedings are conducted in each case must afford the parties the necessary protection so as to strike an appropriate balance between the victim's rights and interests protected by Article 8 and the rights of defence protected by Article 6 of the Convention (see Y v. Slovenia, no. 41107/10, 28 May 2015, § 115).

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Thus, it may on occasion be necessary under Article 6 to limit the open and public nature of proceedings in order, for example, to protect the safety or privacy of witnesses, or to promote the free exchange of information and opinion in the pursuit of justice (see B. and P. v. the United Kingdom, nos. 36337/97 and 35974/97, § 37, ECHR 2001-III, with further references).

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The Court has further held that holding proceedings, whether wholly or partly, in camera, must be strictly required by the circumstances of the case (see Welke and Bia?‚ek v. Poland, no. 15925/05, § 74, 1 March 2011) and that domestic courts are requested to provide reasons for closing the trial to the public (see Chaushev and Others v. Russia, nos. 37037/03, 39053/03, 2469/04, § 24, 25 October 2016.

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By rendering the administration of justice transparent, publicity contributes to fulfilling the aim of Article 6 § 1, namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society, within the meaning of the Convention (see Volkov v. Russia, no. 64056/00, § 25, 4 December 2007, and Riepan v. Austria, no. 35115/97, § 27, ECHR 2000-XII).