Information Note on the Court’s case-law 69
November 2004
Svetlana Naumenko v. Ukraine - 41984/98
Judgment 9.11.2004 [Section II]
Article 6
Civil proceedings
Article 6-1
Impartial tribunal
Impartiality of judge participating in decision on an application for review lodged by him: violation
Facts: In 1994 the District Court delivered a judgment favourable to the applicant in relation to her status as a relief worker during the disaster at the Chernobyl nuclear plant. This status, which entitled the applicant to a number of benefits, was contested by the authorities. In 2000 the Deputy President of the Regional Court, acting on behalf of the regional authorities, lodged a protest against the decision of the District Court of 1994, which had become final and binding. The Presidium of the Regional Court allowed the protest and quashed the 1994 decision in the applicant’s favour.
Law: Article 6 § 1 (impartial tribunal) – As the Deputy President of the Regional Court who lodged the protest was also a member of the Presidium of the Regional Court which examined the protest, this was incompatible with the required “subjective impartiality” of a judge, who could not be both plaintiff and judge in his own case.
Conclusion: violation (unanimously).
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This summary by the Registry does not bind the Court.
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