CEDH · PRESS;GENERAL;ENG — 1 juillet 2004

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s2C7B3542 { font-family:Arial; font-size:10pt; color:#0000ff } .sAEE8E9 { width:351.75pt; display:inline-block } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .sC6243903 { width:11.03pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sFBD943E0 { width:27.05pt; display:inline-block } .s9F9C843B { width:349.21pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s9F8EB0C0 { width:18.63pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS   338 1.7.2004   Press release issued by the Registrar   CHAMBER HEARING FADEYEVA v. RUSSIA     The European Court of Human Rights is holding a Chamber hearing today, Thursday 1 July 2004 at 9 a.m., on the merits in the case of Fadeyeva v. Russia (application   no. 55723/00).   The applicant   The case concerns an application brought by a Russian national, Nadezhda Mikhai Fadeyeva, who was born in   1949 and lives in Cherepovets, a major steel-producing centre situated around 300 km north-east of Moscow. She lives in a council flat within the security zone which has been fixed around the Severstal Steel Works in Cherepovets.   Summary of the facts   Pollution levels are officially monitored within the security zone. From 1990-1999 the average concentration of dust in the air was 1.6 to 1.9 times higher than the “maximum permitted limit” (MPL); the concentration of carbon disulphide, 1.4 to 4 times higher; and, the concentration of formaldehyde, 2 to 4.7 times higher. Atmospheric pollution from 1997-2001 was rated as “high” or “very high”. In particular, an excessive concentration of hazardous substances (such as hydrogen sulphide, ammonia and carbolic acid) was registered. In 2000 the authorities confirmed that the concentration of certain hazardous substances in the atmosphere exceeded the MPL under Russian legislation.   In 1995 the applicant and other people living within the zone brought a court action against the steel works, seeking resettlement outside the security zone in an environmentally-safe area. On 17 April 1996 Cherepovets Town Court found that, under domestic law, the applicant had the right in principle to be resettled at the local authority’s expense. However, the court made no specific resettlement order, but required the local authorities to place her on a “priority waiting list” for new accommodation, making her resettlement conditional on the availability of funds. The decision was upheld on appeal, but the reference to the availability of funds as a condition for resettlement was taken out. An execution warrant was issued. However, on 10 February 1997, the enforcement proceedings were discontinued on the ground that there was no “priority waiting list” for people living in the security zone to obtain new housing. The applicant was put on the general waiting list for new housing.   In 1999 the applicant brought new proceedings against the local council, seeking her immediate resettlement in accordance with the judgment of 17 April 1996. However, Cherepovets Town Court dismissed her action as there was no “priority waiting list” and no allocated council housing. The court concluded that, as the applicant had been put on the general waiting list, the judgment of 17 April 1996 had been executed. This decision was upheld by the regional court on 17   November 1999.   Complaint   The applicant complained that the operation of Severstal Steel Works in close proximity to her home endangers her life and health. She also complained that she has not been resettled outside the security zone in question despite the fact that Russian legislation prohibits any dwelling in the area. She relied, in particular, on Article 8 (right to respect for private and family life and home) of the European Convention on Human Rights.   Procedure   The application was lodged on 11 December 1999 with the European Court of Human Rights and declared partly admissible on 16 October 2003.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Peer Lorenzen (Danish), Françoise Tulkens (Belgian), Nina Vajić (Croatian), Snejana Botoucharova (Bulgarian), Anatoli Kovler (Russian), Vladimiro Zagrebelsky (Italian), judges , Giovanni Bonello (Maltese) , Elisabeth Steiner (Austrian) , Khanlar Hajiyev (Azerbaijani), substitute judges , and also Santiago Quesada , Deputy Section Registrar .   Representatives of the parties   Government :   Pavel Laptev , Agent ,   Yuriy Berestnev , Counsel ,   Mikhail Vinogradov ,   Mikhail Stavrovskiy,   Tamara Gourniak , Advisers ;   Applicant :     Bill Bowring ,   Kirill Koroteyev,   Philip Leach, Counsel,   Dina Vedernikova, Adviser .     After the hearing the Court will begin its deliberations, which are held in private. A judgment will be delivered at a later date.     ***   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.