The involvement of army officers in a court adjudicating a soldier’s lawsuit against the army makes the court non-impartial and independent

JUDGMENT  Β.Ι. v. Turkey 11.12.2018 (no.18308/10) see here   SUMMARY  Non-independent and impartial tribunal. The involvement of officers serving in military units in a court which examined a soldier’s appeal against the army can not guarantee the impartiality and independence of the tribunal. These officers remain in the service of the army, are remunerated by it, […]

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Is the Court impartial when the father who is a Supreme Court judge examines a case where his son participated as a Prosecutor?

JUDGMENT Dainelienė v. Lithuania 16.10.2018 (no. 23532/14) see here   SUMMARY The Court found in particular that the Supreme Court’s impartiality had been compromised because the son of the judge presiding over the panel which had decided not to examine the applicant’s appeal on points of law had been the prosecutor in earlier embezzlement proceedings against […]

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Sarkozy as President of the Republic and his representation as a civilian party against a citizen. Were the judges affected by his status?

JUDGMENT Τhiam v. France  18.10.2018 (no. 80018/12)  see here  SUMMARY Participation of former President of the Republic of France Nicolas Sarkozy as a civilian party in a criminal trial against a citizen. Complaints by the applicant alleging breach of the principle of equality of arms and lack of impartiality of the court due to the […]

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Employment-related disputes are not excluded from the scope of “private life”. The dismissal of a judge from his post as President of the Court due to his inability to carry out his managerial duties.

JUDGMENT Denisov v. Ukraine 25.09.2018 (no. 6639/11) see here  SUMMARY  The case concerned the applicant’s removal from the post of president of the Kyiv Administrative Court of Appeal. The Court found that the way that the High Council of Justice had first dismissed Mr Denisov as president of the court owing to managerial inefficiency and […]

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δίκαιη δίκη

Impartiality in the disciplinary proceedings and violation of the principle of fair trial

JUDGMENT Kamenos v. Cyprus 31-10-2017  (no. 147/07) see here  SUMMARY  Disciplinary examination of  a judge regarding the performance of his duties. Non-impartial disciplinary proceedings, since he was accused, tried and disciplined by the same persons. Violation of a fair trial. PROVISION Article 6 § 1 PRINCIPAL FACTS The applicant, Costas Kamenos, is a Cypriot national […]

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δίκαιη δίκη

When the victim – the accused himself – brings disciplinary procedures against the complainant and considers him as the President of the institution in the case of the complaint, the fair trial is violated.

JUDGMENT Paluda v. Slovakia 23-5-2017 (no. 33392/12) see here  SUMMARY Disciplinary proceedings against a judge. Access to court. Fair trial. Disciplinary Proceedings against a Supreme Judge over his complaints against the President of the Supreme Court. The initiation of disciplinary action and the imposition on the applicant of a suspension of his judicial duties by […]

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