47 11 hrcd [ 2000 ] McGONNELL v. the UNITED KINGDOM Right to a fair trial – violation Article 6, Section 1 Involvement of Bailiff of Guernsey in judicial proceeding with respect to matter in which the Bailiff had earlier acted in a legislative function gave rise to doubts about the impartiality of the Bailiff. In a judgment delivered on 8 February 2000 in the case of McGonnell v. the United Kingdom , the European Court of Human Rights held unanimously that there had been a violation of Article 6 (right to a fair trial before an independent and impartial tribunal) of the European Convention on Human Rights. It also made an award of costs under Article 41 (just satisfaction). This judgment is not final. Pursuant to Article 43 , Section 1 of the Convention, within three months from the date of the judgment of a Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber. 1. Principal facts In May 1986 Richard McGonnell, a British national born in 1955 , moved into a flower-packing shed on his land as a temporary measure because he was in financial
Human Rights Case Digest – Brill
Published: Jan 1, 2000
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