‘in order to establish whether a tribunal can be considered as ‘independent’, regard must be had, inter alia, to the manner of appointment of its members and their term of office, the existence of guarantees against outside pressures and the question whether the body presents an appearance of independence . . As to the question of ‘impartiality’, there are two aspects to this requirement. First, the tribunal must be subjectively free of personal prejudice or bias. Secondly, it must also be impartial from an objective viewpoint, that is, it must offer sufficient guarantees to exclude any legitimate doubt in this respect . . The concepts of independence and objective impartiality are closely linked’
Ryssdal P
[1997] ECHR 8, (1997) 24 EHRR 221, 22107/93
Bailii
European Convention on Human Rights 6(1)
Human Rights
Cited by:
Cited – Misick and Others v The Queen PC 25-Jun-2015
Turks and Caicos – The appellants, a former Chief Minister and others, faced a trial on charges of corruption. They objected that the Justice set to hear the case had insufficient security of tenure to guarantee independence, and that the same judge . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Natural Justice
Leading Case
Updated: 01 November 2021; Ref: scu.451308