and the Supreme Court of Justice appeared to be posting the most accurate information ��� on� upcoming hearings. 3.2. The Right to an Independent and Impartial Tribunal The right to be tried by an independent and impartial tribunal established by law is considered, “…by far the most important guarantee enshrined in Article 6,” as it lays the foundation for the rule of law.69 Violation of this right in the court of first instance cannot be remedied on appeal. In contrast, violation of other rights in the court of first instance, such as the publicity component, can be redressed on appeal. If the European Court on Human Rights finds that the court of first instance did not conform to the independence and impartiality requirements of Article 6, it will usually not examine other procedural circumstances, finding instead an immediate per se violation of the fairness provisions of Article 6. The tribunal must be independent from both the executive body and the parties.70 In assessing the independence of a tribunal, the European Court looks into the following:     manner of appointment of its members; duration of their term of office (security of tenure); existence of guarantees against outside pressure; existence of the appearance of independence.71 The concept of impartiality is understood by the European Court to denote “…absence of prejudice or bias. […] A distinction can be drawn in this context between a subjective approach, that is endeavoring to ascertain the personal conviction of a given judge in a given case, and an objective approach, that is determining whether [the judge] offered guarantees sufficient to exclude any legitimate doubt in this respect.”72 The requirements of independence and impartiality are interrelated and sometimes difficult to dissociate;73 the European Court often considers them together. In Chapter IX of the Moldovan Constitution, on judicial authority, Article 116 paragraph (1) states that judges sitting in courts of law are independent, impartial, and not removable under the law. The Criminal Procedure Code further provides in articles 25 and 26 the right to access to an independent and impartial tribunal established by law. Laws that regulate the functioning of the judiciary, namely the Law on Status of Judges74 and the Law on the Organization of the Judicial System,75 also proclaim and detail the requirement of judicial independence and impartiality. Most guarantees of independence and impartiality relate to the institutional framework of the judiciary76 and thus fall outside the scope of the Trial Monitoring Programme which 69 ��������������������������������� Trechsel Stefan, Op, cit, p. 47. 70 ���� See Ringeisen v. Austria, Judgment of the European Court, 16 July 1971, para. 95. 71 ���� See Campbell and Fell v. UK, Judgment of the European Court, 28 June 1984, para. 78. 72 ���� See Piersack v. Belgium, Judgment of the European Court, 1 October 1982, para. 30. 73 ���� See Langborger v. Sweden, Judgment of the European Court, 22 June 1989, para. 32. 74 �������������������������������������������������������������������������������������������������� Law on the Status of Judges, No. 544-XIII of  20 July 1995, entered into force on 16 October 1995. 75 ������������������������������������������������������������������������������������������������������� Law on the Organization of the Judicial System, No. 514-XIII, of 6 July 1995, entered into force on 19 October 1995. 76 �������������������������������������������������������������������������������������������������������������� The institutional framework of the judiciary refers to the legal establishment of the courts, the composition of courts and the manner of appointment of judges, the duration of their office, the existence of guarantees 53

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