INCAL JUDGMENT – JOINT PARTLY DISSENTING OPINION
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As to the argument that the composition of the court may have caused the
applicant to harbour doubts about its impartiality and independence, from
the point of view of “appearances”, we consider that, in view of the
constitutional safeguards enjoyed by military judges, doubts about their
independence and impartiality cannot be regarded as objectively justified.
The logical consequence of asserting the contrary would be to cease to
consider that even specialised courts can be “tribunals” for the purposes of
Article 6 § 1, thus departing from the Court’s well-established case-law.