Hostname: page-component-586b7cd67f-2plfb Total loading time: 0 Render date: 2024-11-24T23:55:09.586Z Has data issue: false hasContentIssue false

De Cubber Case

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

Published online by Cambridge University Press:  01 January 2021

Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)