CEDH · PRESS;HEARINGS;ENG — 8 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 } .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 } .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 } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS   418 8.9.2004   Press release issued by the Registrar   GRAND CHAMBER HEARING PEDERSEN AND BAADSGAARD v. DENMARK   The Grand Chamber of the European Court of Human Rights is holding a hearing at 9 a.m. on Wednesday 8 September 2004 on the merits in the case of Pedersen and Baadsgaard v. Denmark (application no. 49017/99).   The applicants   The case concerns an application (no. 49017/99) brought by two Danish nationals from Copenhagen, Jørgen Pedersen and Sten Kristian Baadsgaard, who were born in 1939 and 1942 respectively. Following Mr Baadsgaard’s death in 1999, the Court gave Trine Baadsgaard, his daughter and sole heir, leave to pursue the application.   Summary of the facts   At the material time the applicants were journalists with Danmarks Radio , one of the two national television stations in Denmark.   They produced two programmes about a murder trial at which a man had been sentenced to 12 years’ imprisonment for murdering his wife. The programmes were broadcast on 17   September 1990 and 22 April 1991. They criticised the Frederikshaven police’s handling of the investigation. The second programme showed Mr   Baadsgaard interviewing a witness – a taxi driver – during which the commentator asked the following questions: “Why did the vital part of the taxi driver’s evidence disappear and who in the police or public prosecutor’s office is responsible?… Was it [the named Chief Superintendent] who decided that the report should not be included in the case file? Or did he and the Chief Inspector of the Flying Squad conceal the witness’s statement from the defence, the judges and the jury?” The Chief Superintendent and Chief Inspector of the Flying Squad in charge of the investigation were named and photographs of them shown.   On 23 May 1991 the Chief Superintendent reported the applicants and the television station to the police for defamation. On 29   November 1991 the Special Court of Revision decided to reopen the murder case. In the meantime, following the television programmes, an inquiry had been started into how the police investigation had been conducted; the conclusion, on 20   December 1991, was that they had not complied with the statutory requirement for witnesses to be given an opportunity to read their statements. The defendant in the murder trial was acquitted on 13 April 1992 after a retrial.   The journalists were formally charged with defamation on 19 January 1993. On 15   September 1995 the City Court convicted them, but did not pass sentence. Both the journalists and the prosecution appealed. On 6 March 1997 the High Court upheld their conviction and sentenced them to 20 day-fines of 400 Danish kroner (DKK) (approximately 53 euros (EUR)) and ordered them to pay DKK   75,000 (approximately EUR   10,000) compensation to the estate of the Chief Superintendent (who had since died). On 28 October 1998 the Supreme Court upheld the conviction and increased the compensation to DKK   100,000 (approximately EUR 13,400).   Complaints   The applicants complain, under Article 6 § 1 (right to a fair trial within a reasonable time), about the length of the criminal proceedings against them. They also allege, under Article 10 (freedom of expression), that the judgment of the Supreme Court upholding their conviction disproportionately interfered with their fundamental duty as journalists in a democratic society to act as “public watchdogs”.   Procedure   The application was lodged on 30 December 1998 and declared admissible on 27 June 2002.   In a Chamber judgment of 19 June 2003, the Court held, by six votes to one, that there had been no violation of Article 6 and, by four votes to three, that there had been no violation of Article 10. On 3 December 2003 the panel of the Grand Chamber accepted a request by the applicants for the case to be referred to the Grand Chamber.   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), Nicolas Bratza (British), Lucius Caflisch (Swiss) , Riza Türmen (Turkish), Viera Strážnická (Slovakian) Corneliu Bîrsan (Romanian) , Peer Lorenzen (Danish) , Josep Casadevall (Andorran) , Boštjan Zupančič (Slovenian) , John Hedigan (Irish) , Matti Pellonpää (Finnish) , András Baka (Hungarian) , Rait Maruste (Estonian) , Mindia Ugrekhelidze (Georgian), Khanlar Hajiyev (Azerbaijani), judges , Stanislav Pavlovschi (Moldovan) , Alvina Gyulumyan (Armenian) , Volodymyr Butkevych (Ukrainian) , substitute judges , and also Paul Mahoney , Registrar .     Representatives of the parties   Government :   Peter Taksøe-Jensen and Nina Holst-Christensen , Agents ,   David Kendal, Dorit Borgaard and Nina Ringen , Advisers ;   Applicants :   Tyge Trier and Jørgen Jacobsen, Counsel ,   Preben Wilhjelm and Merethe Eckhardt, Advisers .   Jørgen Pedersen will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. 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.