FILYUTKIN v. RUSSIA - 39234/08 (Judgment : Article 6 - Right to a fair trial : Third Section Committee) French Text [2018] ECHR 654 (24 July 2018)

FILYUTKIN v. RUSSIA - 39234/08 (Judgment : Article 6 - Right to a fair trial : Third Section Committee) French Text [2018] ECHR 654 (24 July 2018)

The Court found a violation of Article 6 § 1 because Judge D. himself acknowledged hostile relations with the applicant, amounting to a personal bias. The appellate court failed to address this explicit acknowledgment, and the applicant was tried and convicted by a tribunal lacking the required impartiality. The...

Source-derived case information.

Citation
[2018] ECHR 654
Parties
Applicant: Sergey Alekseyevich Filyutkin; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 6 § 1 ECHR found; just satisfaction awarded.
Legal Topics
Right to a Fair Trial, Judicial Impartiality, Recusal of Judges, Article 6 ECHR
Human Rights Law Criminal Procedure Right to a Fair Trial Judicial Impartiality Recusal of Judges Article 6 ECHR

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Parties

Sergey Alekseyevich Filyutkin

Applicant

Federation of Russia

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the applicant's right to be tried by an impartial tribunal under Article 6 § 1 of the Convention was violated

Ratio Decidendi

The Court found a violation of Article 6 § 1 because Judge D. himself acknowledged hostile relations with the applicant, amounting to a personal bias. The appellate court failed to address this explicit acknowledgment, and the applicant was tried and convicted by a tribunal lacking the required impartiality. The defect was not remedied on appeal.

Court Disposition

Violation of Article 6 § 1 ECHR found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 6,000 EUR for non-pecuniary damage within three months, plus applicable tax, converted at the rate on the date of settlement.
  • Interest at the marginal lending rate of the European Central Bank plus three percentage points is due for late payment.