Sutter Case

Abstract

Treaties — Interpretation of — Principles and rules of interpretation — European Convention on Human Rights, 1950 — Article 6(1) Fundamental objective of fair trial — Publicity requirements as means to objective of fair trial — Express statement that judgments to be pronounced publicly — Whether literal interpretation necessary — Interpretation in light of fundamental objective of fairness Whether case raises serious questions affecting interpretation of Convention

Disputes — Other international courts — European Court of Human Rights — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950 — Jurisdiction of Chamber of Court — Whether to be relinquished in favour of plenary Court

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6 — Right to fair trial — Public hearing — Public pronouncement of judgment — Swiss Military Criminal Code — Federal Army (Constitution of Courts and Criminal Procedure) Act 1889 — Oral proceedings at first instance — Written proceedings on appeal — Whether breach of “hearing” requirement — Whether proceedings in camera and written judgment constitute breach of “public pronouncement” requirement — Article 6 (1) — Interpretation — Whether case raises serious questions affecting interpretation of Convention — Jurisdiction of Chamber of European Court of Human Rights — Whether to be relinquished in favour of plenary Court