NIDERÖST-HUBER v. SWITZERLANDDISSENTING OPINION OF MR. I CABRAL BARRETO

Doc ref: • ECHR ID:

Document date: October 23, 1995

Doc ref: • ECHR ID:

Document date: October 23, 1995

Cited paragraphs only

DISSENTING OPINION OF MR. I CABRAL BARRETO

Even if I fail to see how, in the proceedings examined in the

Lobo Machado case, the intervention of the State Counsel's Office goes

against Article 6 para. 1 (see my dissenting opinion appended to the

Commission's Report), I wish to support the dissenting opinion of my

colleague, Mr. G. Jörundsson: I find it difficult to consider a court

as somehow allied to a party.

I consider that the Cantonal Court is, objectively speaking,

impartial; to my mind, its conduct in the proceedings in question can

be seen as an attempt to collaborate between the judicial bodies in

order to assist the Federal Court.

Lexploria AI Legal Assistant