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European Observer on fundamental right's respect

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Case Law 926/08 (20/09/2016)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 09/20/2016

Subject: The judgement according to which the absence of a prosecuting party in the proceedings against the accused person for an administrative offence could make the judge perform the role of a prosecutor and that gave legitimate grounds to doubt the impartiality of the court; since such violation was the result of the law and general practice applied by the Russian courts, the Court held that the Russian Government had to secure a mechanism which provided sufficient safeguards for ensuring the impartiality of the Courts in similar cases

Parties: Karelin c. Russia

Classification: Justice - Art. 47 Independent and impartial tribunal