STOIMENOVIKJ AND MILOSHEVIKJ v. NORTH MACEDONIA - 59842/14 (Judgment : Remainder inadmissible : Fifth Section) [2021] ECHR 246 (25 March 2021)

STOIMENOVIKJ AND MILOSHEVIKJ v. NORTH MACEDONIA - 59842/14 (Judgment : Remainder inadmissible : Fifth Section) [2021] ECHR 246 (25 March 2021)

There was a violation of Article 6 § 1 of the Convention because Judge M. S. participated in both the criminal and closely related civil proceedings, creating an objectively justified appearance of bias. The judge failed to inform the president of the court of her prior involvement, as required by national law. The...

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Citation
[2021] ECHR 246
Parties
Applicant: Nikola Stoimenovikj; Applicant: Marko Miloshevikj; Respondent: Government of North Macedonia
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits and Just Satisfaction
Outcome
Application admissible in respect of the first applicant; violation of Article 6 § 1 found; no need to examine Article 1 of Protocol No. 1; non-pecuniary damages and partial costs awarded; remainder of claims dismissed.
Legal Topics
Right to a Fair Trial, Impartial Tribunal, Judicial Recusal, Inheritance Rights, Non Pecuniary Damages
Human Rights Law Civil Procedure Judicial Ethics Right to a Fair Trial Impartial Tribunal Judicial Recusal Inheritance Rights Non Pecuniary Damages

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Parties

Nikola Stoimenovikj

Applicant

Marko Miloshevikj

Applicant

Government of North Macedonia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits and Just Satisfaction

  1. 1 Whether the participation of a Supreme Court judge who previously sat in related criminal proceedings violated the applicant's right to an impartial tribunal under Article 6 § 1 of the Convention
  2. 2 Whether the applicant had standing as a victim under the Convention
  3. 3 Whether there was a violation of property rights under Article 1 of Protocol No. 1

Ratio Decidendi

There was a violation of Article 6 § 1 of the Convention because Judge M. S. participated in both the criminal and closely related civil proceedings, creating an objectively justified appearance of bias. The judge failed to inform the president of the court of her prior involvement, as required by national law. The applicant, as direct heir, had standing. There was no causal link between the violation and the claimed pecuniary damage, but non-pecuniary damages were awarded.

Court Disposition

Application admissible in respect of the first applicant; violation of Article 6 § 1 found; no need to examine Article 1 of Protocol No. 1; non-pecuniary damages and partial costs awarded; remainder of claims dismissed.

Orders

  • Respondent State to pay EUR 2,500 to the applicant for non-pecuniary damage within three months, plus tax if chargeable.
  • Respondent State to pay EUR 250 for costs and expenses within three months, plus tax if chargeable.