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Human Rights Feature

Posted on 22-12-14
Written By: Michelle Camilleri & Gianella Farrugia

In this case, the applicant Mr Micallef applied on behalf of his deceased sister alleging that she had been denied a fair hearing because of her lack of opportunity to make submissions before an independent and impartial tribunal as required according to Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). He complained that the equality of arms principle was ignored as a consequence of the close family of one of the judges being the uncle of the opposing party’s advocate and the brother of the advocate acting for the opposing party during the first instance proceedings.