DRAGOJEVIĆ v. CROATIA JUDGMENT
33
118. Similarly, the Court does not consider that the reference to the
particular circumstances of the charges, indicating the gravity of the
offences and the applicant’s previous convictions, could be seen as going
beyond what should be regarded as an objective and reasonable evaluation
of the situation for the purposes of deciding the question of his pre-trial
detention. These elements played a role in the assessment of the grounds for
ordering pre-trial detention under the relevant domestic law and, as such,
had to be reviewed by Judge Z.Č. from the point of view of justification for
the applicant’s continued detention. However, they could not be seen as
indicating any preconceived view of the applicant’s guilt or sentence which
should be imposed on him (see Jasiński, cited above, § 56).
119. The Court therefore considers that the mere fact that Judge Z.Č. sat
as a member of the three-judge panel of the Dubrovnik County Court which
extended the applicant’s detention does not raise an issue of lack of
impartiality under the Convention.
120. The Court notes, however, that during the proceedings, owing to
his previous involvement in the case, Judge Z.Č., of his own motion, sought
leave from the President of the Dubrovnik County Court to withdraw from
the case as president of the trial bench (see paragraph 38 above). Leave was
granted by the President of the Dubrovnik County Court, who, relying on
the same grounds, asked the Supreme Court to transfer the proceedings to
another court (see paragraph 39 above) because all the judges of the
Criminal Division of that court had already taken part in the proceedings.
However, leave was refused by the Supreme Court on the grounds that there
were no reasons to doubt the impartiality of the Dubrovnik County Court
judges. It explained that the mere fact that a judge had presided over the
panels extending the applicant’s detention could not raise any issue of his
impartiality since the questions to be decided when the detention was
extended differed from those which the judge had to decide when
examining the case on the merits (see paragraph 40 above).
121. Whereas this situation could have raised certain misgivings on the
part of the applicant, the Court notes that, in his request, Judge Z.Č. did not
refer to any specific reason for his withdrawal but requested leave to
withdraw as a merely precautionary measure (see paragraph 38 above).
Moreover, in dismissing the request the Supreme Court gave sufficient and
relevant reasons for its decision, which were compatible with the Court’s
case-law (see paragraph 120 above, and, by contrast, Rudnichenko v.
Ukraine, no. 2775/07, §§ 116-18, 11 July 2013).
122. In view of the foregoing, the Court finds that the applicant’s
misgivings about the impartiality of the judge presiding over his trial cannot
be regarded as objectively justified.
123. There has accordingly been no violation of Article 6 § 1 of the
Convention.
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