Does traditional jury trial violate European human rights convent ion?

[gerald neuman]

I would caution against interpreting this article as demonstrating that
there is a strong basis in European human rights caselaw for the
conclusion that jury verdicts without statements of reasons violate
Article 6.  There have been some cases in which jury verdicts have been
challenged under Article 6 because of racial prejudice, and there has been
discussion of the curative effect of jury instructions, in language that
wouldn't be beyond the imagination of US lawyers.  But, to the best of my
knowledge, the European Court of Human Rights has never suggested that
properly instructed juries need to give reasons.
This may be more a result of positivistic interpretation of the European
Convention in light of the expectations of the member states than a result
of abstract analysis; the question is still worth thinking about in the
abstract. But I would be surprised if the European Court of
Human Rights outlawed juries, and it should be recalled that the UK Human
Rights Act changes only the domestic machinery for enforcement, not the
underlying obligations.
-- Gerry Neuman