00514 3
19. lt fotlqws from the foregoing that Judge Dotse's pa(icipation in the supreme
court
Review Bench may have given rise in any reasonable person, to a perception
of bias
on the part of the entire Bench. even though the other judges actualry
adjudicated with
complete impartially"
20. For all these reasons, this court to my mind should have iound that the Applicant,s
right to be tried by an impartial tribunal within the meaning of Articte 7(1) (di of the
charter has been vioiated. consequently, the courl could have. in the process,
determined the nature and forrn of the reparation to be awarded to the Applicant solely
in connecdion with this violation
Judge G6rard Hiyungeko
N
s{r
I
6