Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to general structure of court martial system; No violation of Art. 6-1 with regard to specific complaints; No violation of Art. 6-3-c; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings
The factor which gave rise to an allegation of bias is that the members of a court-martial are subject in general to ‘the risk of outside pressure .. and that there was no statutory or other bar to their being made subject to external Army influence when sitting on the case’ The risk of perceived bias was because of pressure on the decision-maker not to make a decision of which his employer would disapprove.
Citations:
38784/97, (2002) 34 EHRR 1253, [2002] ECHR 162
Links:
Jurisdiction:
Human Rights
Cited by:
Cited – Regina v Boyd, Hastie, Spear (Courts Martial Appeal Court), Regina v Saunby, Clarkson, English, Williams, Dodds, and others HL 18-Jul-2002
Corts Martial System Complant with Human Rights
The applicants were each convicted by courts martial of offences under civil law. They claimed that the courts martial were not independent tribunals because of the position of the president of the court, and that it was wrong to try a serviceman by . .
Cited – PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal Admn 22-Oct-2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention.
Held: Such proceedings did engage the . .
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: 20 November 2022; Ref: scu.167676