The impartiality of the judge is an essential component of the fair trial
JUDGMENT
Ramljak v. Croatia 27-06-2017 (no. 5856/13)
SUMMARY
Unbiased court. The judge who chaired was the father of a apprentice lawyer, who was recruited by the law firm representing the plaintiff’s litigants in a dispute concerning a will, and as the result her actions were dismissed. The European Court of Human Rights held that the Court was not impartial because of the existence of close family ties between the judicial authority adjudicating on her case and an official and therefore consisted of a violation of Article 6 § 1 of the ECHR.
PROVISION
Article 6 par. 1
PRINCIPAL FACTS
The applicant, Milica Ramljak, is a Croatian national who was born in 1962 and lives in Sinj (Croatia). She claimed that, in the course of legal proceedings concerning a will, the tribunal considering her case had not been impartial. The proceedings in question consisted of an appeal before a three-judge panel of the Civil Division of the Split County Court. The judge presiding over the panel was the father of a trainee lawyer, who was employed by the law firm representing the party opposing Ms Ramljak in the proceedings. The judges found against Ms Ramljak, and her further appeals to both the Supreme Court and the Constitutional Court were both rejected.
Relying on Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights, Ms Ramljak complained that her case had not been considered by an independent and impartial tribunal, due to the existence of close family ties between the judge ruling on her case and an employee of the law office representing her opponent.
THE DECISION OF THE COURT
Violation of Article 6 § 1
Just satisfaction: 3,500 euros (EUR) (non-pecuniary damage) and EUR 850 (costs and expenses)
