Communicated on 16 May 2019
FIRST SECTION
Application no. 22458/18
Štefica KALČIĆEK
against Croatia
lodged on 4 May 2018
SUBJECT MATTER OF THE CASE
The application concerns criminal proceedings against the applicant on charges of aiding in the commission of the offences of abuse of office and official authority and tampering with evidence. The first-instance court acquitted the applicant. Upon the State Attorney’s appeal, the second‑instance court quashed the first-instance judgment and remitted the case for fresh examination. Judge B.B. was a member of the second‑instance panel deciding the appeal. In the retrial proceedings the applicant was found guilty as charged. She lodged a constitutional complaint which had been declared inadmissible. Judge B.B. was a member of the Constitutional Court’s panel deciding the applicant’s constitutional complaint.
QUESTION tO THE PARTIES
Was the Constitutional Court impartial, as required by Article 6 § 1 of the Convention, given the participation of judge B.B. in the trial against the applicant at the second-instance (see Oberschlick v. Austria (no. 1), 23 May 1991, Series A no. 204; Castillo Algar v. Spain, 28 October 1998, Reports of Judgments and Decisions 1998‑VIII and Gómez de Liaño y Botella v. Spain, no. 21369/04, 22 July 2008)?
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