Dictionary,
8"
Edition,
p.
634
as
‘a trial
by
an
impartial
and
disinterested tribunal in accordance with regular procedures.’
76. The right to a
fair trial requires judges to be impartial, having neither
a stake nor interest in the cases they adjudicate, and no prejudices or
biases about cases or the parties.
the Independence
See International Principles on
and Accountability of Judges,
Prosecutors, Ibid. , p.26.
Lawyers
and
Indeed, Principles 2 and 8 of the UN Basic
Principles on the Independence of the Judiciary address the question
of judges’ impartiality as follows:
Principle 2
“The
judiciary
shall
decide
matters
before
them
impartially, on the basis of facts and in accordance with
the
law,
without
inducements,
any
restrictions,
pressures,
improper
influences,
threats or interferences,
direct
or indirect, from any quarter or for any reason.”
Principle 8
“In accordance with the Universal
Rights,
members
Declaration of Human
of the judiciary are like other citizens
entitled to freedom of expression, belief, association and
assembly;
provided,
rights, judges
a manner
however,
shall always
as to preserve
that
in exercising
conduct themselves
the dignity
such
in such
of their office and
the impartiality and independence of the judiciary.”
77.\n
Incal_vs_
appointment
Rights
to
Turkey
41/1997/825/1031,
of judges
be
Reference No.1 5 of 2014
an
was
held
important
by the
para.65,
European
consideration
in
the
Court
manner
of
of Human
determining
their
Page 34