Journal De Jure
“ST. CYRIL AND ST. METHODIUS” UNIVERSITY OF VELIKO TARNOVO - UNIVERSITY PRESS

Bulgarian Military Courts and the Right to a Fair Trial


Authors:
Ilmira Ilieva St. Cyril and St. Methodius University of Veliko Tarnovo, Bulgaria

Pages: 162-171
DOI: https://doi.org/10.54664/FFNS4163

Abstract:

This article examines the organization and functioning of Bulgarian military courts to determine to what extent they are compatible with fair trial standards. The guarantees and institutional requirements for providing the right to a fair trial are analyzed in the light of the European Convention on Human Rights and the practice of the European Court of Human Rights. This research is focused on the issue whether Bulgarian military courts could provide a fair trial, held by an independent and impartial court, mainly with regard to civil citizens. For the purpose of the research is scrutinized the ECHR Judgment from 28.11.2019 on the case Mustafa vs. Bulgaria.

Keywords:

right to a fair trial, right of access to court, independence and impartiality, military court (court-martial), military penal procedure

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