De Cubber Case

Abstract

Human rights — Fair trial — Right to a hearing before an independent tribunal — Member of court of trial in criminal case also acting as investigating judge — Inquisitorial procedure — Whether judge impartial in fact — Presumption of impartiality — Appearance of impartiality — Whether guarantees of impartiality applicable to court of first instance — Whether decision of appeal court capable of remedying violation by court of first instance — Plea of necessity — Shortage of judges — Whether justifying departure from requirements of impartial tribunal — European Convention on Human Rights, 1950, Article 6(1)

Claims — Exhaustion of local remedies — Whether international tribunal should raise question proprio motu — Purpose of rule

International tribunals — Procedure — European Court of Human Rights — Whether Court should raise questions proprio motu

Damages — Human rights violation — Measure of damages — Causation — Non-pecuniary damage — Equitable measure — European Convention on Human Rights, 1950, Article 50