134. The impartiality of a judge is considered with regards to the whole proceedings. Such was the situation in the CASE OF KYPRIANOU V. CYPRUS 73797/01 | JUDGMENT (MERITS AND JUST SATISFACTION) | COURT (GRAND CHAMBER) | 15/12/2005; where the Court held that: “The principle that a tribunal shall be presumed to be free of personal prejudice or partiality is long-established in the case-law of the Court. It reflects an important element of the rule of law, namely that the verdicts of a tribunal should be final and binding unless set aside by a superior court on the basis of irregularity or unfairness. This principle must apply equally to all forms of tribunal including juries”. 135. As already indicated in the beginning of this analysis, the mode of trial of the Applicant was by jury. The applicant’s contention of impartiality was solely directed at the presiding judge who was only the trier of law. It is worth noting that the suspicion of the Applicant has not been situated in connection with the role the presiding judge played in his trial. The fate of the Applicant at the trial, to a larger extent, depended on the triers of fact and not the trier of law. The question for this Court to determine is, whether given the role of the Chief Justice in the previous proceedings leading to the impeachment and the trial at the Senate, can any legitimate doubt be established in the mind of an objective observer that the Chief Justice was partial or bias against the Applicant while presiding over the hearing? 55

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