CEDH · PRESS;HEARINGS;ENG — 18 mai 2005

.s800EAC49 { font-size:12pt } .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 } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .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 } .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 } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS   267 18.5.2005   Press release issued by the Registrar   GRAND CHAMBER HEARING LEYLA ŞAHİN v. TURKEY   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 18 May 2005 at 9 a.m., in the case of Leyla Şahin v. Turkey (application no.   44774/98).   The applicant   The applicant, Leyla Şahin, is a Turkish national who was born in 1973. She has lived in Vienna since 1999, when she left Istanbul to pursue her medical studies at the Faculty of Medicine at Vienna University. She comes from a traditional family of practising Muslims and considers it her religious duty to wear the Islamic headscarf.   Summary of the facts   At the material time she was a fifth-year student at the faculty of medicine of the University of Istanbul. On 23 February 1998 the Vice-Chancellor of the University issued a circular directing that students with beards and students wearing the Islamic headscarf would be refused admission to lectures, courses and tutorials.   In March 1998 the applicant was denied access to a written examination on one of the subjects she was studying because was wearing the Islamic headscarf. Subsequently the university authorities refused on the same grounds to enrol her on a course, or to admit her to various lectures and a written examination.   The faculty also issued her with a warning for contravening the university’s rules on dress and suspended her from the university for a term for taking part in an unauthorised assembly that had gathered to protest against these rules. All the disciplinary penalties imposed on the applicant were revoked under an amnesty law.   Complaints   The applicant complains under Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights that she was prohibited from wearing the Islamic headscarf at university. She also claims to have suffered unjustified interference with her right to education, within the meaning of Article 2 of Protocol No. 1 (right to education) to the Convention. In addition, she alleges a violation of Article 14 (prohibition of discrimination) taken together with Article 9, arguing that the prohibition on wearing the Islamic headscarf requires students to choose between education and religion and discriminates between believers and non-believers. Lastly, she relies on Articles 8 (right to respect for private and family life) and 10 (freedom of expression).     Procedure   The application was lodged with the European Commission of Human Rights on 21 July 1998 and transmitted to the Court on 1 November 1998. It was declared admissible on 2 July 2002.   In a Chamber judgment of 29 June 2004 the Court held unanimously that there had been no violation of Article 9 and considered that no separate issue arose under Articles 8 and 10, Article 14 taken together with Article 9, or Article 2 of Protocol No. 1 to the Convention.   On 27 September 2004 the applicant requested that the case be referred to the Grand Chamber under Article 43 (referral to the Grand Chamber) and on 10 November 2004 the panel of the Grand Chamber accepted that request [1] .     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), Boštjan M. Zupančič (Slovenian), Riza Türmen (Turkish), Corneliu Bîrsan (Romanian) Karel Jungwiert (Czech), Volodymyr Butkevych (Ukrainian), Nina Vajić (Croatian), Mindia Ugrekhelidze (Georgian), Antonella Mularoni (San Marinese), Javier Borrego Borrego (Spanish), Elisabet Fura-Sandström (Swedish), Alvina Gyulumyan (Armenian), Egbert Myjer (Netherlands), David Thór Björgvinsson (Icelandic), judges , Françoise Tulkens (Belgian), Sverre Erik Jebens (Norwegian), Ján Šikuta (Slovakian), substitute judges , and also Paul Mahoney , Registrar .   Representatives of the parties   Government :   Münci Özmen , Co-Agent ,   Erdoğan İşcan , Ayşen Emüler , Gülhan Akyüz ,   Didem Kilislioğlu , Advisers ;   Applicant :   Xavier   Magnée , Kazım Berzeg , Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private.   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.