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De Cubber Case

European Court of Human Rights.  26 October 1984 ; 14 September 1987 .

Published online by Cambridge University Press:  01 January 2021

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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

Type
Case Report
Copyright
© Cambridge University Press 1990

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