LEANDER v. SWEDEN JUGDMENT
PARTIALLY DISSENTING OPINION OF JUDGES PETTITI AND RUSSO
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fundamental mistake, even if the source of the information is kept secret and
is known only to the independent authority that has jurisdiction to determine
the applicant’s appeal.
A supervisory system such as is provided by the Supreme Administrative
Courts (in Belgium, France and Italy) ought to afford an effective remedy,
which is lacking at present in our view.
The State cannot be sole judge in its own cause in this sensitive area of
human-rights protection.
We consequently hold that there has been a breach of Article 13 (art. 13).