Information Note on the Court’s case-law No.
September 1997
Coyne v. the United Kingdom - 25942/94
Judgment 24.9.1997
Article 6
Criminal proceedings
Article 6-1
Impartial tribunal
Independent tribunal
Independence and impartiality of court martial: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
No reason for distinguishing case from Findlay v. the United Kingdom – in view of convening officer’s role, court martial not an objectively independent and impartial tribunal.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Damage
Pecuniary damage: no causal link established.
Non-pecuniary damage: finding of violation sufficient just satisfaction.
B.Costs and expenses: award of part of sums claimed.
Conclusion: respondent State to pay applicant specified sum for costs and expenses (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy