European Court of Human Rights - case of Bochan v. Ukraine (2007) (excerpts)

European Court of Human Rights - case of Bochan v. Ukraine (2007) (excerpts)

(...)

65.  As regards the first issue, the Court reiterates that in order to establish whether a tribunal can be considered “independent” for the purposes of Article 6 § 1, regard must be had, inter alia, to the manner of appointment of its members and their term of office, the existence of safeguards against outside pressures and the question whether it presents an appearance of independence (see, among many other authorities, Findlay v. the United Kingdom, judgment of 25 February 1997, Reports 1997-I, p. 281, § 73).

(...)

71.  The Court notes that it is the role of the domestic courts to manage their proceedings with a view to ensuring the proper administration of justice. The assignment of a case to a particular judge or court falls within the margin of appreciation enjoyed by the domestic authorities in such matters. There is a wide range of factors, such as, for instance, resources available, qualification of judges, conflict of interests, accessibility of the place of hearings for the parties etc., which the authorities must take into account when assigning a case. Although it is not the role of the Court to assess whether there were valid grounds for the domestic authorities to assign a case to a particular judge or court, the Court must be satisfied that such reassignment was compatible with Article 6 § 1, and, in particular, with its requirements of objective independence and impartiality.