declared
that
the
requirements
under
Article
6
(of
the
European
Human
Rights
Convention) have been met because any interested person could consult the full text of
the judgments of the Military Court of Cassation”28. (Registry translation)
225. In the opinion of the Court, publicity of a judgment is assured as long as it is rendered
in a premises or open area; provided the public is notified of the place and the latter can
have free access to the same.
226. In the instant case, it is not indicated that the Judge's chamber in which the hearing
took place was not open and accessible to the public, and there is no allegation either,
that the public has not been notified and could not freely access the said chamber. The
record shows, on the contrary, that the delivery of court decisions in judges’ chambers is
a common
practice due to insufficient space, and it can therefore be assumed that the
public is aware of this practice.
227.
Consequently,
the
Court
holds that the fact that the delivery of the Judgment
sentencing the Applicant took place in the chamber of a Judge is not, in itself, a violation
of his right to a fair trial.
IX.
228.
THE ISSUE OF REPARATIONS
In his Application,
the Applicant
requested,
among
other things, that justice be
restored in his favor; that his conviction and the sentence meted to him be quashed; that
he be set free and that the Court order such other measures as it may deem appropriate.
28 Ibidem. 38. The Court recalls that “in the matter of Ernst v. Belgium (No. 33400/96, judgment
2003), it held that the publicity requirements set forth under Article 6 (1) of the Convention
sufficiently complied with due to the fact that the Applicants were able to procure for themselves
of the decision by approaching the Registry a few days after delivery of the said judgment in the
of 15 July
had been
the texts
Chamber
of the Counsel of the Court of Cassation”. It further indicated that in the instant case “the order of the Court
of Appeal and the judgment of Court of Cassation had been deposited in the Registry and that the Applicant
was notified accordingly’ and that “in view of the jurisprudence mentioned above, the Court holds that the
publicity requirements set forth by Article 6 (1) of the Convention have been sufficiently complied with”
(Ibidem, para 39).
“
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