European Court of Human Rights - case of Castillo Algar v. Spain (1998) (excerpts)

European Court of Human Rights - case of Castillo Algar v. Spain (1998) (excerpts)

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46.  In the present case, the fear that the trial court was not impartial stemmed from the fact that two of the judges sitting in it had previously sat in the chamber that had upheld the auto de procesamiento on appeal (see paragraphs 14–16 above). That kind of situation may give rise to misgivings on the part of the accused as to the impartiality of the judges. However, whether such misgivings should be treated as objectively justified depends on the circumstances of each particular case; the mere fact that a judge has already taken decisions before the trial cannot in itself be regarded as justifying anxieties as to his impartiality (see the Hauschildt judgment cited above p. 22, § 50).