Published on 25 July 2022

FIRST SECTION

Application no. 19894/21 Jerko ZOVAK against Croatia lodged on 8 April 2021 communicated on 6 July 2022

SUBJECT MATTER OF THE CASE

The case concerns the independence and composition of the court in the criminal proceedings against the applicant.

On 3 June 2013 a three-judge panel of the Slavonski Brod County Court, constituted of one judge and two lay judges, found the applicant guilty of abuse of trust in business dealings. It would transpire from the documents submitted by the applicant that the two lay judges deciding his case were active members of political parties at the material time. Once the applicant learned about this fact, he requested reopening of the case, but his request was dismissed. On 14 September 2020 the Supreme Court dismissed as ill ‑ founded the State Attorney’s subsequent request for the protection of legality ( zahtjev za zaÅ¡titu zakonitosti ) raising the issues of impartiality, independence and composition of the court in the applicant’s case.

The applicant complains, under Article 6 § 1 of the Convention, that he did not have a fair hearing before an independent and impartial tribunal established by law, in that the two lay judges deciding his case were active members of political parties, contrary to the domestic legislation.

QUESTIONS TO THE PARTIES

Did the proceedings before the Slavonski Brod County Court violate the applicant’s right to be tried by an independent and impartial tribunal established by law, as required by Article 6 § 1 of the Convention (see Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, §§ 235-290, 1 December 2020)?

In particular, were the two lay judges deciding the applicant’s case members of political parties? If so:

(a) did their participation in the applicant’s case constitute a manifest breach of domestic law;

(b) did it pertain to a fundamental rule of procedure for appointment of judges; and

(c) were the allegations regarding the right to a “tribunal established by law” effectively reviewed and remedied by the domestic courts ?