CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 31 octobre 2017

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CYPRUS   (Application no. 147/07)           JUDGMENT       STRASBOURG   31 October 2017       FINAL   31/01/2018   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.   In the case of Kamenos v. Cyprus, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Helena Jäderblom, President,   Luis López Guerra,   Dmitry Dedov,   Pere Pastor Vilanova,   Alena Poláčková,   Jolien Schukking, judges,   Costas Pamballis, ad hoc judge, and Stephen Phillips, Section Registrar, Having deliberated in private on 3 October 2017, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 147/07) against the Republic of Cyprus lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Cypriot national, Mr Costas Kamenos (“the applicant”), on 24 November 2006. 2.     The applicant was represented by Mr E. Efstathiou, a lawyer practising in Nicosia. The Cypriot Government (“the Government”) were represented by their Agent at the time, Mr P. Clerides, Attorney General of the Republic of Cyprus. 3.     The applicant complained principally under Article 6 of the Convention of the lack of fairness of disciplinary proceedings against him before the Supreme Council of Judicature (“the SCJ”). He complained firstly, under Article 6 § 1, that he had been charged, tried and convicted by the same judges, in breach of the principle of impartiality. Secondly, relying on Article 6 § 2, he alleged that he had not been given adequate information concerning the specific Industrial Disputes Court (“the IDC”) proceedings to which the complaint against him had related and on which the SCJ had relied. 4.     On 10 December 2008 both complaints were communicated to the Government under Article 6 § 1 of the Convention. 5.     As the judge that had been elected in respect of Cyprus at the time, George Nicolaou, was exempted from sitting in the case (Rule 28 of the Rules of Court), on 27 January 2009 the Government appointed Mr Costas Pamballis to sit as an ad hoc judge (former Article 27 § 2 of the Convention and former Rule 29 § 1). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The applicant was born in 1949, he is a lawyer and lives in Nicosia. 7.     The applicant was appointed as an IDC judge on 1 October 1997 and as its President on 6 December 2001. 8.     By a letter dated 18 July 2005 the two main trade unions and the two corresponding employers’ federations submitted a complaint to the Supreme Court, alleging misconduct on the part of the applicant in the exercise of his judicial functions. The letter referred, in general, to complaints received by members of trade unions and employers’ federations who had carried out duties as lay members of the IDC, concerning the applicant’s conduct towards litigants, witnesses, lawyers and lay members of the court during proceedings. 9 .     The applicant was served with a written notice from the Supreme Court dated 1 September 2005, informing him of the allegations against him and noting that the Supreme Court had decided that it was justified to activate Rule 3 of the Procedural Rules concerning the exercise of the SCJ’s disciplinary authority (“the Procedural Rules”; see paragraph 41 below). The applicant was provided with a copy of the letter of complaint and was requested to send his comments within seven days. 10.     By a letter dated 7 September 2005 the applicant submitted his comments to the Supreme Court with regard to the allegations against him. The applicant observed, inter alia , that the complaint was so general and vague that he was unable to identify the precise events on which it was based as he had presided over numerous proceedings. He also informed the Supreme Court that the authors of the letter had given a copy to the press and that it had been published in a newspaper on 21 July 2005. 11.     On 16 September 2005 the Supreme Court decided, in accordance with Rules 4 and 5 of the Procedural Rules (see paragraph 41 below), to appoint an investigating judge to look into the allegations against the applicant. 12.     On 19 September 2005 the Supreme Court appointed the then President of the District Court of Nicosia as investigating judge. 13.     In a letter dated 5 December 2005 the investigating judge informed the applicant of his appointment. He also provided the applicant with statements he had taken from twenty-eight people during his investigation and invited the applicant to submit a supplementary statement, if he so wished, within ten days. 14.     On 16 December 2005 the applicant made a lengthy supplementary statement to the investigating judge, providing his comments on the statements collected by the judge and referring to various proceedings in which the witnesses had been involved. He also noted that he did not view his comments as a supplementary statement as such, since it was only at that time that the complaint had become more precise, at least in part. Furthermore, he observed that the witness statements covered a period of six years, when he had sat in about three thousand cases. The statements could not therefore provide the full picture. He suggested that statements should be taken from a number of lay members of the court and provided the investigating judge with their names and telephone numbers. 15.     On 21 December 2005, upon completion of the investigation, the investigating judge submitted a report to the Supreme Court summarising his investigation and the evidence collected. The report was accompanied by all the material he had collected, including the statements given by the witnesses and the applicant. The report made no recommendation. 16 .     By a letter dated 10 February 2006 the chief registrar of the Supreme Court informed the applicant that the court had decided that a disciplinary process was warranted. He provided the applicant with the charge sheet drawn up by the Supreme Court at a meeting it had held on 9 February 2006. This included two charges of misconduct, and details of the preparatory investigation by the investigating judge. The charges against the applicant were as follows: “ First Charge Misconduct (Articles 153 § 7 (4) and 157 § 3 of the Constitution) Particulars While you exercised the duties of President of the Industrial Disputes Court you repeatedly displayed oppressive, disparaging, scornful and, more generally, insulting behaviour towards the lay members of the Court, both inside and outside the courtroom and, at the same time, in the course of proceedings you sometimes ignored them, sometimes did not allow them to put questions and sometimes did not allow them to ask for clarification on the matters at issue. Second Charge Misconduct (Articles 153 § 7 (4) and 157 § 3 of the Constitution) Particulars While you exercised the duties of President of the Industrial Disputes Court you repeatedly displayed oppressive, disparaging, scornful and, more generally, insulting and even humiliating behaviour towards lawyers and/or litigants and/or witnesses during the proceedings, including ironic comments at their expense and/or innuendos, with the result that, owing to the agitation and disruption caused to them, the entire proceedings were diverted from their proper course.” 17.     A list of fifteen witnesses was attached to the charge sheet. 18.     In his letter the chief registrar summoned the applicant to appear on 9 March 2006 before the SCJ (see paragraph 36 below) to answer the charges. He informed the applicant that the proceedings would not be held in public unless he so wished and that, pending the proceedings, he would have to refrain from carrying out his duties. 19 .     On 9 March 2006, before the applicant answered the charges against him, his lawyer raised several preliminary objections. In particular, he argued that the investigation had been incomplete as statements had not been taken from the people indicated by the applicant. Furthermore, he argued that the charge sheet was incomplete, defective and vague; it did not give sufficient information to the applicant about the offences in relation to the actual content of the two charges he was facing. 20 .     The SCJ ruled the same day that the charge sheet, taken together with the fifteen statements, provided sufficient information to the applicant about the facts on which the charges had been based. In that regard, it noted that the applicant had commented on all the details referred to in the statements in a lengthy statement. The SCJ also held that the investigation had been adequate and had provided grounds for bringing charges. 21.     The applicant then pleaded not guilty to the charges. 22.     A hearing was set for 29 March 2006. The applicant’s lawyer agreed that the proceedings would not be held in public. 23.     Hearings commenced on the scheduled date. The SCJ set out the procedure to be followed: every witness would read out the statement he or she had given to the investigating officer and would then be cross-examined by the applicant’s lawyer. Following a request by the applicant’s lawyer, the SCJ also held on the same day that in view of the defence’s line of argument all the files of the proceedings in which the witnesses had sat as members of the IDC, from the applicant’s appointment as president of the IDC onwards, should be brought before it. The hearing was scheduled to continue on 31   March 2006. 24.     Following a request by the applicant’s lawyer, leave was given by the SCJ on the latter date for the applicant to have full access to the IDC registry’s archives in order to enable him to examine and collect any elements that could help his defence. 25.     The hearings continued, with around seven more sessions being held. Files of the proceedings over which the applicant had presided and in which the witnesses had been involved were admitted as exhibits. They were filed in separate bundles by reference to the particular witness and were recorded in the list of exhibits. 26.     During the proceedings it was clarified that the charge sheet was limited to the period subsequent to the applicant’s appointment as President of the IDC. Further statements that related to pending proceedings and complaints that had previously been dealt with by the Supreme Court were removed from the charge sheet. Ten out of the fifteen witnesses listed on the charge sheet ultimately testified. They comprised six lay members, two lawyers and two people who had been witnesses in proceedings over which the applicant had presided. The witnesses read out and confirmed the contents of their statements. They were then cross-examined by the applicant’s lawyer. 27.     In addition, at the suggestion of the applicant’s lawyer, the court also summoned the IDC’s registrar. 28.     After the conclusion of the witness statements and an address by the applicant’s lawyer, the SCJ found on 29 May 2006 that a prima facie case had been established against the applicant. It therefore called the applicant to put forward his defence. 29 .     The applicant took until 23 June 2006 to set out his defence case, testifying himself and calling thirty-six witnesses. They consisted of twenty-six lay members of the IDC, nine lawyers and a representative from the redundancy fund. The proceedings concluded with the applicant’s lawyer addressing the court. He raised the issue of the charge sheet again and also submitted that because the Supreme Court and the SCJ had the same composition, the same judges had examined the witness statements, had decided to refer the case to trial, formulated the charge sheet and overseen the proceedings. Those judges had also acted as prosecutors and had then tried the case. He argued that that was contrary to the rules of natural justice and the right to a fair trial. He stressed, however, that this had nothing to do with the judges as individuals. 30.     In a decision of 19 September 2006 the SCJ found, by a majority of twelve to one (the President and eleven justices concurring), that on the basis of the evidence and all the material facts before it, the applicant’s alleged misconduct had been proved. The SCJ assessed the evidence given by the eleven witnesses and made specific reference to events transcribed in the records of court proceedings over which the applicant had presided and in which the witnesses had been involved. It referred to ten specific cases. After hearing the applicant, in accordance with Rule 26 (see paragraph 41 below), the SCJ removed him from office. 31 .     The relevant parts of the decision read as follows: “... Rule 13 secures for the judge against whom proceedings are brought all the rights provided for in Article 12 § 5 of the Constitution for persons who are charged with a criminal offence. That constitutional provision secures the well-known rights that an accused has in a criminal trial and are identical to those secured under Articles 6 §§ 2 and 3 of the European Convention on Human Rights, which was ratified by the House of Representatives by law in 1962 (Law 39/62). Furthermore, the provisions of Article   30 of our Constitution, which are the equivalent to those of Article 6 of the Convention, are also applicable. ... At no stage did the Supreme Council of Judicature function as a public prosecutor against Mr Kamenos. The President and Members of the Supreme Council of Judicature did not put a single question to the witnesses who were listed on the charge sheet, or to those summoned on behalf of Mr Kamenos, which might have been construed as cross-examination for the purpose of contesting the witnesses’ allegations. On the contrary, the President and Members of the Supreme Council of Judicature asked very few questions, and they were solely for the purpose of clarification; special reference will be made to some of those questions at the appropriate stage. Not a single question was put to Mr Kamenos. The Supreme Council of Judicature was not seeking to pursue a procedure of prosecution against Mr Kamenos in the form of a confrontation between prosecution and defence. For that reason, and despite having such powers under Rule 16, the relevant provision of the Constitution on the judicial process and the procedure to be followed in investigating disciplinary cases, it did not assign the duties of prosecutor to the judge-investigator or to any other judicial official. In that way, which was the declared intention of the Supreme Council of Judicature, more rights were secured for Mr Kamenos than those which he had under the aforementioned Articles of the Constitution and the Rule. That was precisely the aim of the procedure followed by the Supreme Council of Judicature, which essentially remained an audience for the witnesses’ statements. It follows that this is the appropriate moment to refer to the suggestion made by Mr   Kamenos’s lawyer in his final address. Its subject relates directly and absolutely to what we have just said. The lawyer alleged that the Supreme Council of Judicature had functioned in a dual capacity, given that it had judged the case and simultaneously exercised the duties of prosecutor. Clarifying his position, he said that that is inferred from the fact that the President and Members of the Supreme Council of Judicature put questions to the witnesses. In our opinion, that suggestion is unfounded and unjustifiable. It is unfounded for the reasons which we explained above, and unjustifiable because it conflicts with what the lawyer said to us at the beginning of the proceedings, when he ... spoke in praise of the powers invested by the Constitution in the Supreme Council of Judicature, describing its work as difficult and important [in those instances] when it is called upon to decide whether a judge displayed misconduct and is obliged, again in accordance with the Constitution, to terminate the latter’s services in the event of conviction. In brief, Mr Efstathiou not only accepted but also praised as correct the competence, arising from the Constitution, of the Supreme Council of Judicature, which is made up of the full bench of the Members of the Supreme Court, the highest judicial authority in the State. ... [The applicant’s lawyer] asked many witnesses to express an opinion on the extent to which they considered that Mr Kamenos’s decisions were correct. Most of them, including the lawyers, gave the right reply, namely, that it was not for them to judge Mr Kamenos’s decisions. In the same way, the Supreme Council of Judicature is not judging the correctness of Mr Kamenos’s decisions. We do not have such competence. That belongs to the Supreme Court. The competence of the Supreme Council of Judicature is only to decide whether the charges of improper behaviour (misconduct) are proved, which [behaviour] in the case we are examining and according to the particulars of the charges, is continuous ( κατά συρροή, διαρκής ) and directly refers to the function of Mr Kamenos as the President of the Industrial Disputes Court. ... We previously stated that certain witnesses called by Mr Kamenos, evidently in an endeavour to tone down or explain what the witnesses listed on the charge sheet had testified to and who touched on Mr Kamenos’s behaviour in the course of the hearing, in essence confirmed what those witnesses had said. Several examples follow ... ... From the evidence that we have analysed above, we find that the charges have been proved. ... We wish to clarify that the purpose of this procedure is not to punish Mr   Kamenos but to protect the public by adopting of a strict standard of judicial behaviour in order to preserve public confidence in the integrity, prestige and independence of the judicial system. We borrow and adopt the above principle from the decision (Investigation concerning Judge Bruce Van Voorhis, No. 165) given in February 2003 by the Commission of Judicial Performance of the State of California, in the United States of America, which concerned a procedure against a specific judge whose services were also terminated for misconduct, with facts and particulars similar to the case before us. In essence, we translate the principle which that Commission adopted and recorded on page 31 of the decision. The principle is based, as stated in the decision, on what was said by the Supreme Court of the State, that the purpose of the procedure was not to punish judges who have erred but to protect the judicial system and those who are subject to the formidable power exercised by judges. ... Evaluating the above with great care, caution and, we would say, anxiety, we are led to the conclusion that everything imputed to Mr Kamenos as stated in the two charges has been proved. In accordance with the relevant provisions of the Constitution, which are referred to in our decision, the proof of a charge of misconduct against a judge leads to the termination of his services.” 32.     The dissenting judge found in his decision that the evidence was not sufficient to prove such a serious charge as misconduct. As regards the procedure, the judge noted, inter alia , that the Supreme Council of Judicature had asked the witnesses very few questions and that they had been for the purposes of clarification. Furthermore, with regard to the investigation and the object of the hearing, he observed: “A judicial official with the duties of prosecutor was not appointed, a possibility which is referred to in Rule 16, and we adopted the following approach: every witness read his statement to the investigating officer out loud and, immediately after, was cross-examined by Mr Kamenos’s lawyer. During the cross-examination or subsequently members of the Supreme Council of Judicature asked the witnesses a few questions for clarification purposes. This is also exactly what happened in the case of Mr Kamenos and the 36 witnesses called by him. ... Before referring to the evidence, it is useful if we outline the methodology which led to the taking of statements by the Investigating Officer. He did not himself take the initiative of collecting evidence in view of the accusation, as he explains in his report. The persons who signed the accusation did not have any personal knowledge of the circumstances and statements were taken from all those they ... named, and from others subsequently named by those who had been initially summoned. The investigation into the manner in which Mr Kamenos exercised his duties in general was therefore not systematic and that is also the reason for not taking statements from a number of other persons whom Mr Kamenos himself indicated. Besides, as we have seen, of the 28 statements which the Investigating Office took, only 15 were attached to the charge sheet, with a further reduction to 10 in the course of the hearing. They did not include statements which, as the Investigating Officer reported, not only expressed no complaints but stated that Mr Kamenos’s conduct had been irreproachable in all respects. Consequently, as is in any case self-evident, the object of the hearing is [to determine] whether, on the basis of the evidence of those ten witnesses, the charge has been substantiated as formulated. That is to say, whether, from each individual’s evidence and the correlation between them, to the extent possible, there arises conduct as cumulatively stated on the charge sheet, [and] in the case of the second charge “with the result that, owing to the agitation and disruption they were caused, the entire proceedings were diverted from their proper course”. This (was the wording), without any specification on the charge sheet of a definite, specific incident at a specific time, ... in relation to a specific person in the context of a specific case. The witnesses who remained on the charge sheet (whose statements I shall of course return to), as lay members of the court, or as lawyers or witnesses, did not submit a complaint there and then about what they considered to be objectionable conduct. ... Nor did the litigants in any specific case which could be related to the charge sheet make a complaint at the time, or appeal or employ any other legal means so that any objectionable conduct would be examined also from the aspect of its effect on the final outcome. That was what occurred in the cases of Athanasiou   v.   Reana Manuf. & Trade Co.Ltd and others (2001) 1 C.L.R. 1635, and Fanos N. Epiphaniou Ltd v. Melarta and others (2002) 1 C.L.R.654, in which the Supreme Court annulled decisions issued by the Industrial Disputes Tribunal under the presidency of Mr   Kamenos, using strong language about the degree of his intervention in the proceedings and the appearance of partiality to which it could give rise. Of course, the charge sheet does not extend to those cases and does not concern the issue of interventions as such ... The core of the charge is the conduct attributed to Mr   Kamenos at the expense of lay members of the court, lawyers, litigants and witnesses, and it is in the light of such considerations that I shall go on to examine the evidence adduced.” 33.     The applicant continued to receive all the benefits that came with his post during the proceedings. It appears from a letter sent to him by the Treasury of the Republic of Cyprus that the applicant was considered as having retired from the date of his dismissal, 19 September 2006. He was paid a retirement lump sum and started receiving his pension. II.     RELEVANT DOMESTIC LAW AND PRACTICE A.     The Supreme Court and the SCJ 34.     The 1960 Constitution, which came into force when the Republic of Cyprus was established, provided for the existence of a Supreme Constitutional Court and a High Court (Parts IX and   X of the Constitution respectively). Both courts were composed of a Greek, Turkish and a neutral judge (Articles 133 and 153). The neutral judges, who were not subjects or citizens of Greece, Turkey or the United Kingdom (and the Colonies), presided over the courts (Articles 133 and 153). That Constitutional arrangement only lasted until the beginning of 1964: following the inter-communal problems of 1963, the neutral presidents vacated their posts without being replaced. The Administration of Justice (Miscellaneous Provisions) (“Law no. 33/1964”) was enacted in order to address an emergency situation and to set up the necessary judicial machinery for the continued administration of justice. By virtue of that law, the two highest courts were merged into one, the Supreme Court, to which the jurisdiction and powers of the two earlier courts were transferred. The establishment and operation of the new Supreme Court was held to be in conformity with the Constitution on the basis of the recognised principles of the law of necessity ( the Attorney-General of the Republic v. Mustafa Ibrahim and others (1964) C.L.R. 195). The Turkish-Cypriot judges of the former courts participated in the composition of the Supreme Court for a few years following its establishment but subsequently withdrew. 35 .     The Supreme Court was originally composed of between five and seven judges, but their number was gradually increased by legislation to its current thirteen (Law no. 33/1964; in particular, Amending Laws no.   59/1981 and no. 158/1988). The judges of the Supreme Court are appointed by the President of the Republic (Article 153 § 2 of the Constitution). 36 .     District judges, senior district judges, presidents of district courts and judges of courts exercising specialised jurisdiction are appointed by the SCJ. The SCJ is composed of all thirteen judges of the Supreme Court (Articles 153 § 8 (1) and 157 § 1 of the Constitution and section 10 of Law no.   33/1964 as amended by Law no. 3/1987). Pursuant to Article 157 § 2 of the Constitution the appointment, promotion, transfer, termination of appointment, dismissal and disciplinary matters related to judges are exclusively within the competence of the SCJ. The same is provided by section 10(2) of Law no. 33/64 (as amended by Law no. 3/1987). Furthermore, with the exception of their appointment, the SCJ has exclusive competence under Article 153 § 8 to determine matters concerning the retirement, dismissal or termination of the appointment of Supreme Court judges and the court’s president. 37 .     Articles 153 and 157, in so far as relevant, provide as follows: Article 153 § 8 “(1)     There shall be established a Council consisting of the President of the Supreme Constitutional Court as Chairman and the Greek and the Turkish judge of the Supreme Constitutional Court as members. (2)     This Council shall have exclusive competence to determine all matters relating to- (a)     the retirement, dismissal or otherwise the termination of the appointment of the President of the High Court in accordance with the conditions of service laid down in the instrument of his appointment; (b)     the retirement or dismissal of any Greek judge or the Turkish judge of the High Court on any of the grounds provided in sub ­ paragraphs (3) and (4) of paragraph 7 of this Article. (3)     The proceedings of the Council under sub ­ paragraph (2) of this paragraph shall be of a judicial nature and the judge concerned shall be entitled to be heard and to present his case before the Council. (4)     The decision of the Council taken by a majority shall be binding upon the President and the Vice-President of the Republic who shall jointly act accordingly.” Article 157 “1.     Save as otherwise provided in this Constitution with regard to the Supreme Constitutional Court, the High Court shall be the Supreme Council of Judicature, and its President shall have two votes. 2.     The appointment, promotion, transfer, termination of appointment, dismissal and disciplinary matters of judicial officers are exclusively within the competence of the Supreme Council of Judicature. ...” 38 .     District judges, senior district judges, presidents of district courts and judges of the courts exercising specialised jurisdiction are appointed by the SCJ. They retire at the age of sixty-three (section 8(2) of the Courts of Justice Law, Law no. 14/1960, as amended in relation to district courts; and as provided for by the various domestic laws which concern courts of specialised jurisdiction). Supreme Court judges hold office until the age of   68 (Article 153 § 7 (1) of the Constitution). 39 .     Once appointed, judges can only be removed under very exceptional circumstances. In particular, Articles 153 § 7 and 157 § 3 of the Constitution, in so far as relevant, provide as follows: Article 153 § 7 “... “(3)     Any Greek or the Turkish judge of the High Court shall be retired on account of such mental or physical incapacity or infirmity as would render him incapable of discharging the duties of his office either permanently or for such period of time as would render it impracticable for him to continue in office. A judge so retired shall be entitled to all benefits and emoluments provided by any law in force for the time being. (4)     A Greek or the Turkish judge of the High Court may be dismissed on the ground of misconduct.” Article 157 § 3 “No judicial officer shall be retired or dismissed except on the like grounds and in the same manner as a judge of the High Court.” 40.     Judicial independence is safeguarded by the Constitution and the traditions of the judiciary. The Constitution provides for a strict separation of the powers, jurisdictions and duties of the executive, legislature and judiciary. B.     Procedural Rules concerning the exercise of the SCJ’s Disciplinary Authority 41 .     On 14 July 2000 the Supreme Court issued Rules on the basis of Article 163 § 2 (f) of the Constitution and section 17 of Law no. 33/64, setting out the practice and procedure to be followed by the SCJ in the exercise of its competence with regard to disciplinary matters relating to judicial officers (see paragraph 9 above). They set out in detail the disciplinary procedure to be followed in the event of a complaint that a judge may have become incapable, have displayed inappropriate behaviour (misconduct) or committed a disciplinary offence. In so far as relevant, they provide as follows: “2.     Definitions ... ‘Supreme Council of Judicature’ means the Supreme Court in the exercise of its competences on the basis of Article 157 of the Constitution. ... 3.     Where it comes to the notice of the Supreme Court, in the exercise of its procedures, competences and powers or following a complaint, that a Judge may have –   (a)     become incapable,   (b)     displayed inappropriate behaviour (misconduct),   (c)     committed a disciplinary offence, it shall notify that Judge of the information it has in its possession or the complaints made and shall ask for his views within a specified time-limit. 4.     Having received the views of the Judge, or on expiry of the above time-limit in the event that he refuses or omits to submit them, the Supreme Court shall examine whether there are grounds which justify holding an investigation into the possibility of the Judge having become incapable, having displayed inappropriate behaviour (misconduct) or having committed a disciplinary offence 5.     If it is considered that an investigation is justified, this shall be carried out in the manner set out below. ... (a)     If an investigation is ordered, the Supreme Court shall appoint an investigating judge, to whom it shall assign the investigation of the matter. ... In the conduct of the investigation, the investigating judge shall be assisted by a member or members of the registry of the courts. Before beginning the investigation, all the information in the Supreme Court’s possession shall be put before the investigating judge, including the views of the Judge who is the subject of the investigation. The investigating judge shall proceed with the investigation as quickly as possible and shall complete his task without delay. 6.     The investigating judge shall take statements and collect information from every person who is in a position to provide facts and information with regard to the subject of the investigation. ... 7.     The statements taken and the facts collected shall be put before the Judge who is under investigation, and he is given the opportunity to make, if he so wishes, a supplementary statement within a specified time-limit. 8.     After completion of the investigation, the investigating judge shall submit, within fifteen days, a report summarising the evidence collected. The report shall be accompanied by the statements which have been taken, including any supplementary statement by the Judge under investigation. 9.     The Supreme Court shall decide, in the light of the statements, facts and information before it, whether it is justified to refer the Judge under investigation to the Supreme Council of Judicature in order for it to be decided whether he has become incapable, has displayed inappropriate behaviour (misconduct) or has committed a disciplinary offence. 10.   ... (a)     If a decision is taken to proceed against the Judge for misconduct or for committing a disciplinary offence, a charge sheet shall be drawn up, on which shall be set out the charge or charges, as the case may be, and a summary of the details which form the basis for them.   ... 11.     The charge sheet shall be served on the Judge against whom it is directed by the registrar of the court in which he serves, together with the investigating judge’s report and all the data attached to it. 12.     Pending the hearing the Judge against whom proceedings are being taken shall refrain from the exercise of his judicial duties. 13.     During the hearing the Judge against whom proceedings are being taken shall enjoy all the rights guaranteed by Article 12 § 5 of the Constitution for a person charged with the commission of an offence. 14.     Where the investigating judge is a member of the Supreme Court, he shall not be a member of the bench during the hearing. 15.     At the first appearance before the Supreme Council of Judicature, the Judge against whom proceedings are being taken shall be called upon to answer the charge or charges. If the answer is a denial of the charges, a date shall be fixed for hearing the case. ... 16.     During the hearing, the Supreme Council of Judicature shall summon, one by one, and shall hear the witnesses who have made statements and any other person who is in possession of facts or is in a position to shed light on the matters at issue. The witnesses shall take the oath required by law or make an affirmation that they will tell the Court the truth and nothing but the truth. Their evidence shall be introduced by questions which are put by the President of the Supreme Council of Judicature and supplementary questions by the Members: ... The Supreme Council of Judicature can assign the duties of prosecutor to the investigating judge or, if this is not feasible, to another Judge of the Supreme Court or to another Judge, in which case the presentation of witness evidence shall be made by him. 17.     After the presentation of their evidence, witnesses shall be subject to cross-examination by the Judge against whom proceedings are being taken. 18.     After the cross-examination, the President and Members of the Supreme Council of Judicature may put questions for clarification purposes, after which the Judge against whom proceedings are being taken shall have the right to put supplementary questions. 19.     At the conclusion of the witness evidence on which the charge is based, the Supreme Council of Judicature shall decide if a prima facie case has been established against the Judge against whom proceedings are being taken. 20.     If it is decided that a prima facie case has been established against the Judge against whom proceedings are being taken, he shall be given an opportunity to present his defence. The Judge against whom proceedings are being taken shall be entitled to give evidence on oath, to make an unsworn statement and to call witnesses. Both the Judge against whom proceedings are being taken and who has given evidence on oath, and any other witness for the defence, shall be subject to examination by the President and Members of the Supreme Court of Judicature, at the close of which the Judge against whom proceedings are being taken shall be given an opportunity to make, if it concerns himself, a supplementary, clarifying statement, or, if it concerns a witness whom he has summoned, of asking clarifying or supplementary questions. 21.     On completion of the defence, the Judge against whom proceedings are being taken shall have the right to address the Court. 22.     After the conclusion of the hearing, the Supreme Council of Judicature shall decide, in the case of a prosecution, if it has been proved that the Judge against whom proceedings are being taken is guilty –   (a)     of misconduct or   (b)     of a disciplinary offence, as the case may be. 23.     If the Supreme Council of Judicature decides that the charge or charges against the Judge against whom proceedings are being taken have not been proved, the court shall acquit and exonerate him. ... 26.     A Judge who is found to be incapable or guilty of misconduct shall be heard before the Supreme Council of Judicature proceeds further. 27.     A Judge guilty of misconduct shall be dismissed as the Constitution provides. 28.     A judge guilty of a disciplinary offence shall be given- (a)     a reprimand; or (b)     a reprimand published in the Official Gazette of the Republic.” C.     Review of SCJ decisions 42.     Article 146 of the Constitution provides for the revisional jurisdiction of the Supreme Court. Article 146 § 1 provides as follows: “The Supreme Constitutional Court shall have exclusive jurisdiction to adjudicate finally on a recourse made to it on a complaint that a decision, an act or omission of any organ, authority or person, exercising any executive or administrative authority is contrary to any of the provisions of this Constitution or of any law or is made in excess or in abuse of powers vested in such organ or authority or person.” 43 .     In the case of Antonios Kourris and the SCJ ((1972) 3 C.L.R 390), the complainant, a district court judge, brought a “recourse” (judicial review proceedings) before the Supreme Court under Article 146 of the Constitution. He challenged a decision by the SCJ relating to the temporary appointment of five other district judges as presidents of district courts and complained about the SCJ allegedly refusing or omitting to deal with his written complaint in connection with those appointments. On 8 August 1972 the Supreme Court dismissed the recourse. It held, by a majority, that it lacked jurisdiction to deal with a recourse under Article 146 of the Constitution against any act, decision or omission of the SCJ because the latter’s functions were very closely connected with the exercise of judicial power. 44 .     In the case of Savvas Karatsis v. 1. the Republic of Cyprus , through the Supreme Council of Judicature, 2. the SCJ ((2001) 3 C.L.R. 220), the complainant, a family court judge, brought a recourse before the Supreme Court under Article 146 of the Constitution, challenging a decision by the SCJ concerning the conditions of his appointment to a temporary post as district court judge and the revocation of his appointment when he did not accept those conditions. The Supreme Court sat as a full bench (that is, all thirteen judges; see paragraph 35 above). The complainant requested that the Supreme Court re-examine and/or revise its judgment in Kourris (see paragraph 43 above) and that his case be heard by a different bench, arguing that the thirteen judges in question had themselves written the impugned decision, which they had taken in their capacity as members of the SCJ. On 15 March 2001 the Supreme Court dismissed the recourse for want of jurisdiction without addressing the issue of impartiality. It ruled that the Constitution entrusted the appointment of judicial officers exclusively to the SCJ (Article 157 § 2 of the Constitution). Judicial appointments were closely, even inextricably, interwoven with the exercise of the judicial function; more precisely, they constituted a precondition for the exercise of that function. Entrusting the appointment of judicial officers to the judicial function itself was an aspect of the independence of the judiciary and an expression of the autonomy of that function. Law no. 33/64 had been based on that premise and reflected the constitutional order. The complainant then filed a communication with the United Nations Human Rights Committee (OP-ICCPR), which was declared inadmissible on 25 July 2005 (communication no. 1182/2003; decision on admissibility UN. Doc.   CCPR/C/84D/1182/2003)). D.     The IDC 45 .     The IDC was established by the Annual Holidays with Pay Law of 1967 (Law no. 8/1967, as amended; section 12(2)(a)). It consists of the President or a judge, who are appointed by the SCJ, as well as two lay members who have a purely consultative role and are appointed by the president of the IDC upon the recommendation of the trade unions and the employers’ federations respectively. The President and the judges of the IDC are permanent members of the judiciary but cannot be moved to any other position in the service (section 12 (3)(c) and (4)(b) of the above Law). The IDC’s President has the same salary and terms of service as a senior district court judge while IDC judges are treated in the same way as district court judges (Law no. 14/1960, paragraph 38 above and section 12 (3)(b) and (4)(d) of Law no. 8/1967). Retirement is therefore at the age of sixty ‑ three. E.     Relevant Constitutional human rights provisions 46 .     Article 12 § 5 of the Constitution guarantees the right to a fair trial in criminal cases. It reads as follows: “5.     Every person charged with an offence has the following minimum rights: (a)     to be informed promptly and in a language which he understands and in detail of the nature and grounds of the charge preferred against him; (b)     to have adequate time and facilities for the preparation of his defence; (c)     to defend himself in person or through a lawyer of his own choosing or, if he has no sufficient means to pay for legal assistance, to be given free legal assistance when the interests of justice so require; (d)     to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e)     to have the free assistance of an interpreter if he cannot understand or speak the language used in court.” 47 .     Article 30 of the Constitution guarantees the right of access to court and the right to a fair trial in civil cases. It reads as follows: “1.     No person shall be denied access to the court assigned to him by or under this Constitution. The establishment of judicial committees or exceptional courts under any name whatsoever is prohibited. 2.     In the determination of his civil rights and obligations or of any criminal charge against him, every person is entitled to a fair and public hearing within a reasonable time by an independent, impartial and competent court established by law. Judgment shall be reasoned and pronounced in public session, but the press and the public may be excluded from all or any part of the trial upon a decision of the court where it is in the interest of the security of the Republic or the constitutional order or the public order or the public safety or the public morals or where the interests of juveniles or the protection of the private life of the parties so require or, in special circumstances where, in the opinion of the court, publicity would prejudice the interests of justice. 3.     Every person has the right: (a)     to be informed of the reasons why he is required to appear before the court; (b)     to present his case before the court and to have sufficient time necessary for its preparation; (c)     to adduce or cause to be adduced his evidence and to examine witnesses according to law; (d)     to have a lawyer of his own choice and to have free legal assistance where the interests of justice so require and as provided by law; (e)     to have free assistance of an interpreter if he cannot understand or speak the language used in court.” THE LAW I.     ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION AS REGARDS THE IMPARTIALITY OF THE SCJ 48.     The applicant complained under Article 6 § 1 of the Convention that the sa