PULLAR v. THE UNITED KINGDOMDISSENTING OPINION OF MR. C.L. ROZAKIS

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Document date: January 11, 1995

Doc ref: • ECHR ID:

Document date: January 11, 1995

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DISSENTING OPINION OF MR. C.L. ROZAKIS

While my opinion is that there was no breach of the Convention

because of the fact that the applicant was not afforded the opportunity

to test the veracity of the evidence of the juror's employer,

Mr. McLaren, still I am unable to accept the conclusion of the majority

of the Chamber that it was not necessary to examine this complaint

separately under Article 6 para. 3 (d) of the Convention.

It seems to me that the conclusion of the Commission is drawn

because of the fact that a violation of Article 6 para. 1 of the

Convention was found and, hence, the complaint under

Article 6 para. 3 (d) (which is considered as guaranteeing a particular

aspect of the general protection provided for by Article 6 para. 1, was

answered by the finding of the violation of Article 6 para. 1.

Although it is usually the case that a finding of violation or

non-violation of Article 6 para. 1 covers also the particular aspects

of the protection under Article 6 para. 3, in the circumstances of the

case the finding of violation of para. 1 of Article 6 covered only its

aspect of independence and impartiality of a court, and not necessarily

the whole notion of fair trial. Therefore, the need for specific

reference to Article 6 para. 3 (d) remains intact.

Appendix I

HISTORY OF THE PROCEEDINGS

Date Item

________________________________________________________________

26.05.93 Introduction of the application

02.08.93 Registration of the application

Examination of admissibility

19.10.93 Commission's decision to invite the parties to

submit observations on the admissibility and

merits

11.02.94 Government's observations

25.03.94 Applicant's reply

29.06.94 Commission's decision to declare the application

admissible

Examination of the merits

29.06.94 Commission's deliberations

03.12.94 Examination of the state of proceedings

11.01.95 Commission's deliberations on the merits, final

votes and adoption of the Report