The English Courts martial system did not give a fair trial because the role of the convening officer meant that the tribunal was not sufficiently independent or impartial since the officer might outrank the court and could dissolve the proceedings.
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings.
Judges:
L Wildhaber P
Citations:
Times 11-Mar-1999, (2000) 30 EHRR 1032, 24436/94;24582/94;24583/94;, [1999] ECHR 8
Links:
Statutes:
European Convention on Human Rights
Human Rights, Armed Forces, Criminal Practice
Updated: 19 May 2022; Ref: scu.78815