I incorrectly predicted that there's no violation of human rights in MUSTAFA AND CHOMAKOV v. BULGARIA.

Information

• Judgment date: 2019-11-28
• Communication date: 2017-04-26
• Application number(s): 1230/17
• Country:   BGR
• Relevant ECHR article(s): 6, 6-1
• Conclusion:
  Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings
  Article 6-1 - Impartial tribunal
  Independent tribunal)
  Non-pecuniary damage - award (Article 41 - Non-pecuniary damage
  Just satisfaction)
• Result: Violation
SEE FINAL JUDGMENT

JURI Prediction

• Probability: 0.524757
• Prediction: No violation

• Inconsistent

Communication text used for prediction

The first applicant is a civilian and the second applicant is a former military officer.
The two were charged with smuggling of goods, acting as part of an organised crime group together with three other persons.
On grounds of the military status that the second applicant had at the time the imputed offences were committed, the case was examined by the Sliven Military Court which found the applicants guilty on all charges in a judgment of 8 April 2013.
The Military Court of Appeals upheld the judgment of the first-instance court.
By a final judgment of 24 June 2016, the Supreme Court of Cassation acquitted the applicants on the charge of participating in an organised crime group and upheld their conviction for smuggling.
QUESTION tO THE PARTIES Did the first applicant have a fair hearing in the determination of the criminal charges against him, as provided for in Article 6 § 1 of the Convention?
In particular, did the military courts which examined his case at first and second instance satisfy the requirements of independence and impartiality, in accordance with Article 6 § 1 of the Convention (see Maszni v. Romania, no.
59892/00, 21 September 2006 and Pop and Others v. Romania, no.
31269/06, 24 March 2015)?
APPENDIX