liabilities for illicit behavior, taking into account that the legal framework
shall provide juridical certainty to its citizens.”
144.
Also, in the case of ALTUĞ TANER AKÇAM V. TURKEY
27520/07
|
JUDGMENT
(MERITS
AND
JUST
SATISFACTION) | COURT (SECOND SECTION) | 25/10/2011, the
Court held: “The Court reiterates that the relevant national law must be
formulated with sufficient precision to enable the persons concerned – if need
be with appropriate legal advice – to foresee, to a degree that is reasonable
in the circumstances, the consequences which a given action may entail”.
145.
The allegations of irregularities catalogued by the Applicant which
were not controverted by the Respondent are very worrying and the Court
takes them seriously. The following were the arguments of the Respondent’s
Counsel and the remarks of the Presiding Judge when the Applicant raised the
issue of irregularities: at paragraph 5.17 of the statement of defence, the
Respondent stated “Further, an impeachment case consisting of a full trial
resulting in conviction and removal of office is novel in Liberia and as such
there is no precedent to follow”. Again, in respect of the irregularities in the
manner the jurors conducted themselves, Counsel argues that “These were
mere perfunctory guidelines which supported and buttressed rules
promulgated by the senate”. When the Presiding Judge was to rule on the
Applicant’s concerns, he is on record as contained in EXHIBIT DF/5, the
judgement of the Senate trial, to have stated at page 4, closing part of the first
paragraph, as follows: “We said consistently that at this impeachment trial,
the rules regarding what jurors do or don’t do are relaxed. This is why
senators were not kept together so that they will not meager with the public
59