Information Note on the Court’s case-law 7

June 1999

Sander v. the United Kingdom (dec.) - 34129/96

Decision 29.6.1999 [Section III]

Article 6

Criminal proceedings

Article 6-1

Impartial tribunal

Jurors allegedly racially biased: admissible

The applicant, of Asian origin, was committed for trial before a Crown Court, composed of a judge and a jury, for conspiracy to defraud. In the course of the proceeding s, one of the jurors expressed doubts as to the impartiality of some fellow jurors whom he felt were racist and would not convict the applicant on the ground of evidence but of his origin. While the court examined his complaint, he was asked not to join th e other jurors. The judge then called all the members of the jury back in court and reminded them of the oath they had taken before sitting as the jury. He then adjourned the case to leave them time to “search their conscience”. The day after, all refuted the allegation of racism and reaffirmed their intention to reach a verdict on the sole basis of evidence. However, one of them admitted having made jokes which could have been misconstrued but strongly denied being racist and maintained he had many connect ions with people from ethnic minorities. The judge decided not to discharge the jury. The applicant was eventually found guilty and imposed a prison sentence of 5 years. He was granted leave to appeal but his appeal was unsuccessful.

Admissible under Artic le 6 § 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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