TESLYA v. UKRAINE - 52095/11 (Judgment : No Right to a fair trial : Fifth Section)

Art 6 � 1 (criminal) • Impartial tribunal • Members of Supreme Court panel upholding applicant�s conviction and life-imprisonment sentence already having examined his earlier appeal • Mere fact that judges were twice members of panel reviewing verdict insufficient to show objective impartiality • Judges not bound by earlier ruling • Cassation appeal proceedings compliant with domestic law which provided adequate procedural safeguards for judge impartiality

This judgment will become final in the circumstances set out in Article 44 � 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:

��������� S�ofra O�Leary, President, ��������� Gabriele Kucsko-Stadlmayer, ��������� Ganna Yudkivska, ��������� Mārtiņ� Mits, ��������� Latif H�seynov, ��������� Lado Chanturia, ��������� Anja Seibert-Fohr, judges, and Victor Soloveytchik, Section Registrar,

the application (no. 52095/11 ) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (�the Convention�) by an Ukrainian national, Mr Ivan Ivanovych Teslya (�the applicant�), on 10 August 2011;