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The European Court of Human Rights (ECHR) held on Tuesday that the Supreme Administrative Court of Bulgaria did not violate the applicant, Mihail Doynov’s right to a fair trial and judicial impartiality. Bulgaria’s Supreme Administrative Court decided his case and was simultaneously a defendant, as Doynov’s legal challenge had alleged that the court had breached several of his rights protected by the EU Charter of Fundamental Rights.
The ECHR held that there was no specific proof of judicial impartiality in the case. Doynov had claimed that the Supreme Administrative Court being a defendant constituted an automatic conflict of interest, but the ECHR noted that challenging judicial impartiality requires concrete proof of how a judge or court’s impartiality impacted a case. In justifying its decision, the ECHR cited a number of procedural rules in Bulgarian law designed to protect judicial impartiality, including Article 22 of the Code of Civil Procedure, which requires judges to excuse themselves from a case if there is a plausible conflict of interest.
The ECHR came to this decision unanimously, indicating that there were no disagreements about the decision or the reasoning that led to this decision among the judges that heard the case.
Doynov initially challenged the grounds of his arrest, but his challenge was dismissed by the Supreme Administrative Court. Subsequently, Doynov alleged that the Supreme Administrative Court had violated his rights to legal counsel, freedom, freedom of expression, right to courts and to a fair trial in the process of examining his claim under the EU Charter.
Doynov was first detained under suspicion of authoring a fake bomb threat.
The post Europe rights court rules Bulgaria trial sufficiently impartial appeared first on JURIST - News.
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The ECHR held that there was no specific proof of judicial impartiality in the case. Doynov had claimed that the Supreme Administrative Court being a defendant constituted an automatic conflict of interest, but the ECHR noted that challenging judicial impartiality requires concrete proof of how a judge or court’s impartiality impacted a case. In justifying its decision, the ECHR cited a number of procedural rules in Bulgarian law designed to protect judicial impartiality, including Article 22 of the Code of Civil Procedure, which requires judges to excuse themselves from a case if there is a plausible conflict of interest.
The ECHR came to this decision unanimously, indicating that there were no disagreements about the decision or the reasoning that led to this decision among the judges that heard the case.
Doynov initially challenged the grounds of his arrest, but his challenge was dismissed by the Supreme Administrative Court. Subsequently, Doynov alleged that the Supreme Administrative Court had violated his rights to legal counsel, freedom, freedom of expression, right to courts and to a fair trial in the process of examining his claim under the EU Charter.
Doynov was first detained under suspicion of authoring a fake bomb threat.
The post Europe rights court rules Bulgaria trial sufficiently impartial appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.