CEDH · PRESS;HEARINGS;ENG — 20 octobre 2004

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THE UNITED KINGDOM   The European Court of Human Rights is holding a Grand Chamber hearing today 20 October 2004 at 9. a.m., on the merits in the case of Roche v. the United Kingdom (application no. 32555/96).   The applicant   The case concerns an application brought by a United Kingdom national, Thomas Michael Roche, who was born in 1938 and lives in Lancashire (United Kingdom).   Summary of the facts   In 1953 the applicant joined the British Army and was discharged in 1968 for reasons unrelated to his case before the European Court of Human Rights.   In 1987 he developed high blood pressure and now suffers from hypertension, chronic obstructive airways disease (bronchitis) and bronchial asthma. He has not worked since 1988 and is registered as an invalid. He maintains that his health problems are the result of his participation in mustard and nerve gas tests conducted by the British Armed Forces at the Chemical and Biological Defence Establishment (CBDE) at Porton Down Barracks (England) in 1962 and 1963. There is no record of his having participated in such tests in 1962 but it is not disputed that he did so in 1963.   From 1987 the applicant actively sought access to his service records via medical and political channels, with limited success. On 10 June 1991 he submitted a claim for a service pension. On 28 January 1992 the Secretary of State rejected his pension claim as he had not demonstrated a causal link between the tests and his medical condition.   In 1994 he threatened to bring judicial review proceedings alleging, among other things, negligence on the part of the Ministry of Defence. On 3 August 1995 the Secretary of State issued a certificate under section 10 of the Crown Proceedings Act 1947, which effectively blocks any such proceedings concerning events prior to 1987 while allowing the person concerned to apply for a service pension.   In November 1998 – following the European Court of Human Right’s judgment of 9   June 1998 in the case of McGinley and Egan v.   the United Kingdom – he appealed to the Pensions Appeal Tribunal (PAT). He applied for the disclosure of official information under Rule 6 (1) of the PAT Rules to enable the PAT to decide whether his illness was caused or aggravated by the Porton Down gas tests. In February 2001 the PAT ordered the Ministry of Defence to disclose certain categories of records and certain documents were disclosed in 2001 and 2002. The PAT found against the applicant on the substance of his appeal. He appealed successfully to the High Court, which remitted his case to the PAT Complaints   The applicant complains that he was denied adequate access to information concerning the tests he underwent at Porton Down in violation of Articles 8 (right to respect for private life) and 10 (freedom of expression) of the European Convention on Human Rights. He also complains that the certificate issued by the Secretary of State under section 10 of the 1947 Act constitutes a violation of his right of access to court, guaranteed by Article 6 § 1 (right to a fair hearing), and of Article 1 of Protocol No. 1 (protection of property) taken alone and in conjunction with Article 14 (prohibition of discrimination). He further relies on Article 13 (right to an effective remedy).   Procedure   The application was lodged with the European Commission of Human Rights on 31 January 1996 and transmitted to the Court. It was declared partly admissible on 23 May 2002.   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), Lucius Caflisch (Swiss) [1] , Loukis Loucaides (Cypriot) Ireneu Cabral Barreto (Portuguese), Viera Strážnická (Slovakian), Peer Lorenzen (Danish), Josep Casadevall (Andorran), Boštjan Zupančič (Slovenian), John Hedigan (Irish), Wilhelmina Thomassen (Netherlands), András Baka (Hungarian), Kristaq Traja (Albanian), Stanislav Pavlovschi (Moldovan), judges , Margarita Tsatsa-Nikolovska (citizen of “the former Yugoslav Republic of Macedonia”), Rait Maruste (Estonian), Volodymyr Butkevych (Ukrainian), substitute judges , and also Paul Mahoney , Registrar .   Representatives of the parties   Government :   John Grainger , Agent ,   James Eadie ,   Counsel,   Stephen Cave , Gerard Regan , Advisers,   Applicant :   Richard Gordon , Jemima Stratford , Fionn Pilbrow , Counsel,   James Welch , Joanne Drane , Solicitors,   Victoria Wakefield , Adviser.   Thomas Michael Roche 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. [1]   Judge elected in respect of Liechtenstein.