Auszug aus EGMR, 29.06.2004 - 62584/00

Turning to the complaint raised by the applicant, the Court observes that the status which the applicant enjoyed as President of the Supreme Court did not deprive him of the protection of Article 10. Moreover, having regard in particular to the growing importance attached to the separation of powers (see Kleyn and Others v. the Netherlands [GC], nos. 39343/98, 39651/98, 43147/98 and 46664/99, § 193, ECHR 2003-VI; Stafford v. the United Kingdom [GC], no. 46295/99, § 78, ECHR 2002-IV) and the importance of safeguarding the independence of the judiciary, any interference with the freedom of expression of a judge in a position such as the applicant's calls for close scrutiny on the part of the Court.

Auszug aus EGMR, 29.06.2004 - 62584/00

The Court recalls that the right under Article 14 not to be discriminated against in the enjoyment of the rights guaranteed under the Convention is violated when States treat differently persons in analogous situations without providing an objective and reasonable justification (see Thlimmenos v. Greece [GC], no. 34369/97, § 44, ECHR 2000-IV).