Independence, Impartiality and the ECHR: Court President Robert Spanó’s recent controversial visit to Turkey
Dr Özgür Heval Çınar (member of the Haldane Society of Socialist Lawyers)
Today the European Court of Human Rights (ECtHR) is seen as one of the most effective mechanisms in the protection of human rights in Europe. We may also say that judgments of the Court have positive effects beyond Europe. Judges are appointed to the Court for a period of nine years and carry out their judicial functions according to key principles of independence and impartiality. Article 6 of the European Convention on Human Rights (ECHR) emphasise the importance of the independence and impartial of judges in the Member States, which is a fundamental element of the rule of law, and vital to the effective functioning of the judicial system. Indeed, Article 21 of the ECHR also clearly states that ‘‘During their term of office the judges [of the ECtHR] shall not engage in any activity which is incompatible with their independence, impartiality…’’