Information Note on the Court’s case-law No.
November 1993
Holm v. Sweden - 14191/88
Judgment 25.11.1993
Article 6
Article 6-1
Impartial tribunal
Independent tribunal
Composition of a jury in defamation proceedings instituted by a private prosecutor before a District Court: 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
Independence and impartiality, vis-à-vis private prosecutor, of District Court sitting with a jury.
Subjective impartiality of jury members in question not disputed.
Independence and objective impartiality: fact that defendants given benefit of certain safeguards, typical of a criminal trial involving a jury, not available to applicant as a private prosecutor did not as such constitute legitimate reason to fear lack of independence and impartiality - however, there were connections between the defendants and the jurors in question: the latter were active members of the Swedish Social Democratic Workers Party ("SAP"), who held or had held offices in or on behalf of SAP; one of the defendants, a publishing house, was indirectly owned by SAP; and the other defendant was employed by that company and had been ideological adviser to SAP - the impugned passages of the book were clearly of political nature and undoubtedly raised matters of concern to SAP - applicant's fears as to independence and impartiality of District Court were therefore objectively justified - this defect could not have been cured by an appeal.
Conclusion: violation (seven votes to two).
II.ARTICLE 50 OF THE CONVENTION
A.Non-pecuniary damage: finding of a breach sufficient just satisfaction.
B.Legal costs: partial reimbursement awarded.
Conclusion: respondent State to pay specified sums to the applicant (unanimously).
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This summary by the Registry does not bind the Court.
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