There had been a long-running dispute as to the manner of death of a French judge seconded to Djibouti. The applicant, acting for the widow had been prosecuted for his outspoken criticisms of the judge who had had conduct of the case, until being replaced. The applicant claimed that, before the Court of Cassation, his case had not been examined fairly by an impartial tribunal, having regard to the presence on the bench of a judge who had previously and publicly expressed his support for one of the civil parties.
Held: The applicants fears of lack of impartiality could have been considered objectively justified.
Dean Spielmann, P
29369/10 – Grand Chamber Judgment, [2015] ECHR 407
Bailii
European Convention on Human Rights 6.1
Human Rights, Legal Professions
Updated: 29 December 2021; Ref: scu.546140
