CEDH · PRESS;HEARINGS;ENG — 1 septembre 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 } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s4B8D41EE { font-family:Arial; font-size:10pt }   EUROPEAN COURT OF HUMAN RIGHTS   401 1.9.2004   Press release issued by the Registrar   GRAND CHAMBER HEARING CUMPANA AND MAZARE v. ROMANIA     The European Court of Human Rights is holding a Grand Chamber hearing today, Wednesday 1 September 2004 at 9 a.m., on the merits in the case of Cumpănă and Mazăre v.   Romania (application   no. 33348/96).   The applicants   The case concerns an application brought by two Romanian nationals, Constantin Cumpănă and Radu Mazăre, born respectively in 1951 and 1968 and living in Constanţa (Romania). The applicants are both journalists. Mr Mazăre is a Romanian member of parliament and the Mayor of Constanţa.   Summary of the facts   In April 1994 they published an article in the Telegraf newspaper, of which Mr Mazăre is the editor, questioning the legality of an agreement whereby Constanţa Town Council had contracted out to a company called V. the task of impounding illegally parked vehicles. The article, which appeared under the headline "Former Deputy Mayor D.M. and serving Judge   R.M. commit series of offences in V. scam", was accompanied by, among other things, a cartoon showing the judge (R.M.) on the former deputy mayor’s arm, carrying a bag containing banknotes.   R.M., who had signed the contract with V. on behalf of the town council, sued the applicants. She submitted that the cartoon contained an innuendo that she and the deputy mayor, both of whom were married, had had intimate relations. On 17 May 1995 the applicants were convicted of proffering insults and criminal libel and sentenced to seven months’ imprisonment. An order was also made prohibiting them from working as journalists for one year after they had completed their prison sentences. Their convictions were upheld on appeal.   The public prosecutor’s office applied to have the decision of 17 May 1995 set aside. The Supreme Court of Justice dismissed the application, holding that the article was libellous and that the publication of the cartoon, which was potentially damaging to R.M.’s honour and reputation, constituted the offence of proffering insults.   On 22 November 1996, the Romanian President granted the applicants a pardon releasing them from their custodial sentence. Mr Mazăre continued to work as the editor of the Telegraf , while Mr Cumpănă left the newspaper in 1997 when staff levels were reduced. Complaint   The applicants complained that their conviction and sentence for the publication of the article had infringed their freedom of expression, as guaranteed by Article 10 of the European Convention on Human Rights.   Procedure   The application was lodged with the European Commission of Human Rights on 23 August 1996 and transmitted to the Court on 1 November 1998. It was declared partly admissible on 10 September 2002.   By a judgment dated 10 June 2003, the Court considered that the interference with the applicants’ freedom of expression was not disproportionate to the legitimate aims pursued, namely the protection of the rights of others and of the authority of the judiciary. Accordingly, it held by five votes to two that there had been no violation of Article 10 of the Convention.   On 3 December 2003, the panel of the Grand Chamber accepted the request by the applicants to refer the case to the Grand Chamber (under Article 43 [1] of the Convention).   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Georg Ress (German), Nicolas Bratza (British), Ireneu Cabral Barreto (Portuguese), Riza Türmen (Turkish) Françoise Tulkens (Belgian) , Corneliu Bîrsan (Romanian) , Peer Lorenzen (Danish) , Josep Casadevall (Andorran) , Boštjan Zupančič (Slovenian) , Matti Pellonpää (Finnish) , András Baka (Hungarian) , Rait Maruste (Estonian) , Mindia Ugrekhelidze (Georgian), Khanlar Hajiyev (Azerbaijani), judges , Viera Strážnická (Slovakian) , John Hedigan (Irish) , Lucius Caflisch (Swiss) [2] , substitute judges , and also Paul Mahoney , Registrar .   Representatives of the parties   Government :   Roxana Rizoiu , Agent ,   Răzvan Rotundu , Co-agent,   Ruxandra Pasoi ,   Alina Prelipcean,   Claudia Rosianu, Advisers.   Applicants :   Marius Mocanu-Caraiani , Counsel,   Daniela Mocanu-Caraiani , 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. [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17 ‑ member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer. [2] Judge in respect of Liechtenstein.