PROCEDURE

The case originated in an application (no. 48843/99) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a United Kingdom national, Mr Graham Cooper (“the applicant”), on 8 June 1999.

The applicant was represented by Mr G. Blades, a solicitor practising in Lincoln. The United Kingdom Government (“the Government”) were represented by their Agents, Mr C. Whomersley and, subsequently, Mr J. Grainger, of the Foreign and Commonwealth Office.

The applicant complained that he did not have a fair trial by an independent and impartial tribunal established by law, in violation of Article 6 § 1 of the Convention. In particular, he complained that the structure of the court-martial that had tried him was such that it violated the independence and impartiality requirements, and consequently the fairness requirement, of that Article. He also complained of unfairness based on the particular facts of his case.

The application was allocated to the Fourth Section of the Court. On 4 June 2002 a Chamber of that Section declared inadmissible the specific complaint of unfairness under Article 6 and gave notice to the Government of his main complaint concerning the independence and impartiality of the court-martial (Rule 54 § 2 (b) of the Rules of Court). On 6 May 2003 a Chamber of that Section (composed of Mr M. Pellonpää, Sir Nicolas Bratza, Mrs V. Strážnicka, Mr R. Maruste, Mr S. Pavlovschi, Mr L. Garlicki, Mr J. Borrego Borrego, judges, and Mr M. O'Boyle, Section Registrar) relinquished jurisdiction in favour of the Grand Chamber, neither of the parties having objected to such relinquishment (Article 30 of the Convention and Rule 72).

The composition of the Grand Chamber was determined according to the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24.

Pursuant to Article 29 § 3 of the Convention and Rule 54A § 3, the Grand Chamber notified the parties that it might decide to examine the merits of the complaint before it at the same time as its admissibility and decided to put an additional question to the parties.

The applicant and the Government each filed observations on the admissibility and merits of the case, together with separate submissions on the applicable domestic law and practice.

A hearing took place in public in the Human Rights Building, Strasbourg, on 1 October 2003 (Rule 59 § 3). There appeared before the Court: (a) for the Government Mr J. Grainger, Agent, Mr P. Havers QC, Counsel, Ms T. Jones, Mr H. Morrison, Mr E. Latham, Air Vice-Marshal R. Charles, Commodore J. Blackett, Commander S. Taylor, Brigadier T. Paphiti, Advisers; (b) for the applicant Mr G. Blades, Solicitor, Representative, Mr J. Mackenzie, Solicitor, Adviser. The Court heard addresses by Mr Havers and Mr Blades.

The Grand Chamber subsequently decided to examine the merits of the complaint before it at the same time as its admissibility (Article 29 § 3 of the Convention and Rule 54A § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1968 and lives in Birmingham. At the relevant time he was a member of the Royal Air Force (RAF).

On 18 February 1998 the applicant, along with a co-accused, was convicted by a district court-martial (pursuant to section 70(1) of the Air Force Act 1955) of theft contrary to the Theft Act 1968. He was sentenced to fifty-six days' imprisonment, to be dismissed from the service and to be reduced to the ranks.

The applicant's court-martial was composed of a permanent president (Wing Commander Rodgers), two other officers of lower rank (Squadron Leader Borthwick and Flight Lieutenant Winks) and a judge advocate. Wing Commander Rodgers' appointment to the post of permanent president was his last before retirement in September 1998. Although he had been the subject of appraisal reports prior to August 1997, he was not reported on thereafter. The two ordinary members had attended the junior officers' command course in 1993, which included training in disciplinary processes.

By a letter from the reviewing authority dated 3 April 1998, the applicant's representative was informed that neither the findings nor the sentence of the court-martial would be varied. The authority had received advice from the Judge Advocate General.

The applicant's appeal to the Courts-Martial Appeal Court against conviction and sentence was dismissed on 5 February 1999.