Judges must explain why a trial is held behind closed doors, researchers say

Research indicates that judges often fail to adequately explain their decisions to hold criminal hearings behind closed doors, despite requirements from the European Court of Human Rights. The study, commissioned by the WODC, suggests implementing a legal obligation for judges to clarify the interests considered before making such decisions. The principle of public access to justice is fundamental to the rule of law, yet exceptions for cases involving minors are cautioned against unless strictly necessary. The findings reveal that from 2010 to May 2026, only 39 cases were documented where hearings were held behind closed doors, with insufficient motivation provided in most instances. The researchers advocate for a mandatory explanation requirement to enhance transparency in judicial decisions.