INCAL JUDGMENT – JOINT PARTLY DISSENTING OPINION 32 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.

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