1981 Mrs Belilos, received a fine imposed by Lausanne Police Board in her absence. Mrs Belilos applied to have the decision set aside, after a hearing the police decided not to set aside its decision. Belilos then applied to the Criminal Cassation Division of the Cantonal Court to declared the decision null and void. The court had only power of nullity, it could not give new rule on the merits.
Art 6(1) ECHR 1950 ‘In the determination of any criminal charge everyone is entitled to fair hearing by independent and impartial tribunal’
Belilos alleged that police board was not independent and impartial in reviewing its own decision. Switzerland had made an ‘interpretative declaration of the ECHR ‘The Swiss Federal Council considers that the guarantee of fair trial … is intended solely to ensure ultimate control by the judiciary over the acts or decisions of the public authorities’ Belilos applied to E commission HR, then the case was referred to European Court of Human Rights. The court was asked to declared that Switzerland had violated art 6(1) ECHR, reparation and amendments to legislation