BERNARD JUDGMENT
16
CONCURRING OPINION OF JUDGE BERNHARDT
I voted with the majority in finding no violation of Article 6 of the
Convention. However, I would have preferred the judgment to express
misgivings on the part of the Court about the way in which the experts in
the present case performed their duties. The excerpts from the expert
opinions quoted in paragraphs 11 and 13 of the present judgment contain
statements which are in my view unacceptable and hardly compatible with
the task of a neutral and objective expert.
Nevertheless, when considering all the elements of the case, I have come
to the conclusion that these statements did not make the trial as a whole
unfair. The defence had the opportunity to respond to and to comment on
the experts’ opinions. It must also be assumed that all members of the
Assize Court knew the specific role of experts in criminal proceedings and
took their own decision in accordance with their own conviction and
conscience.