Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Costs and expenses partial award – Convention proceedings
The claimant had been dismissed from the Royal Navy after a court martial. He complained that the tribunal did not have sufficient independence.
Held: The claimant’s rights were infringed. Though there was facility to appoint a prosecutor from outside the chain of command, that had not happened in the applicant’s case, and he was part of the prosecuting authority. The use of a civilian to administer the procedure helped. There was no permanence to the position of president of the court martial. The judge advocates were serving officers carrying out regular naval duties.
Citations:
57067/00, Times 12-Jan-2004, ECHR 2003-XII, (2004) 39 EHRR 51, [2003] ECHR 688
Links:
Statutes:
European Convention on Human Rights 6.1, Naval Discipline Act 1957
Jurisdiction:
Human Rights
Citing:
Cited – Findlay v The United Kingdom ECHR 25-Feb-1997
The applicant complained that the members of a court-martial were appointed by the Convening Officer, who was closely linked to the prosecuting authorities. The members of the court-martial were subordinate in rank to the Convening Officer who had . .
Cited – Ezeh and Connors v The United Kingdom ECHR 9-Oct-2003
The applicants were prisoners subject to disciplinary proceedings. The offences were equivalent to criminal charges in domestic law. They were refused legal assistance, and had additional terms added to their sentences.
Held: The charges . .
Cited by:
Cited – Regina v Dundon CMAC 18-Mar-2004
The defendant had been convicted under a system of trial later confirmed not to be compliant with the need for a fair trial.
Held: The judge advocate in this trial had been a serving officer. Unless the positive obligation to show an . .
Applied – G.W. v The United Kingdom ECHR 15-Jun-2004
Hudoc 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 . .
Applied – Le Petit v The United Kingdom ECHR 15-Jun-2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedings . .
Cited – Haase, Regina (on the Application of) v Independent Adjudicator and Another CA 14-Oct-2008
The appellant complained that as a prisoner he was subjected to disciplinary proceedings for refusing to co-operate with drugs tests. He said that he had not been informed that there would be a penalty if he did not comply. He now complained that . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Armed Forces
Updated: 08 June 2022; Ref: scu.190177
