Title: AI as a judge: violation of the right to a fair trial, per se?

Authors: Mahir Muharemovic

Addresses: Faculty of Law, University of Tuzla, Muhameda Hevaija-Uskufija 7, 75 000 Tuzla, Bosnia and Herzegovina

Abstract: The rapid advancement of artificial intelligence (AI) is transforming various industries, including the legal system. This paper examines whether using AI as a judge to make legal decisions could inherently violate the right to a fair trial under Article 6 of the European Convention on Human Rights. It analyzes whether an AI judge can fulfil key criteria of an 'independent and impartial tribunal' and provide reasoned decisions as required by Article 6. The paper reviews the ECHR's jurisprudence on tribunal requirements like judicial function and jurisdiction. It argues AI currently lacks capacities like nuanced legal understanding and adapting procedures. This challenges viewing it as a full 'tribunal'. Regarding independence, AI's creation by governments and private companies risks undue influence. Its opacity also reduces accountability. For impartiality, AI risks perpetuating biases through algorithms and data. Its consistency ignores case contexts and individual factors. Lastly, AI's opacity hinders providing qualitative, reasoned explanations for decisions as mandated by Article 6.

Keywords: AI systems; AI judge; machine learning; judicial reasoning; fair trial; impartiality; independence; tribunal; judicial function; reasoned decisions.

DOI: 10.1504/IJHRCS.2025.149279

International Journal of Human Rights and Constitutional Studies, 2025 Vol.12 No.4, pp.375 - 387

Received: 14 Feb 2024
Accepted: 28 Feb 2024
Published online: 22 Oct 2025 *

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