publications_unodc_commentary-e

Secondly, the tribunal must also be impartial from an objective viewpoint, i.e. itmust offer sufficient guarantees to exclude any legitimate doubt in this respect. 32Under this test, it must be determined whether, irrespective of the judge’s personalconduct, there are ascertainable facts that may raise doubts as to his impartiality. Inthis respect, even appearances are important. What is at stake is the confidencewhich the courts in a democratic society must inspire in the public, including anaccused person. Accordingly, any judge in respect of whom there is a legitimatereason to fear a lack of impartiality must withdraw. 33Apprehensions of an accused person54. In deciding whether there is legitimate reason to fear that a particular judgein a criminal case lacks impartiality, the standpoint of the accused is important butnot decisive. What is decisive is whether this fear can be held to be objectivelyjustified before the reasonable observer who represents society.32 Gregory v United Kingdom, European Court of Human Rights, (1997) 25 EHRR 577.33 Castillo Algar v Spain, European Court of Human Rights, (1998) 30 EHRR 827.58