CEDH · PRESS;HEARINGS;ENG — 24 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 } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .s6F57788 { margin-top:12pt; margin-bottom:6pt } .s47E2B0C6 { margin-top:6pt; margin-bottom:0pt } .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 } .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 } EUROPEAN COURT OF HUMAN RIGHTS   272 24.5.2005   Press release issued by the Registrar   CHAMBER HEARING ZARB ADAMI v. MALTA   The European Court of Human Rights is holding a Chamber hearing today Tuesday 24 May 2005 at 9.30 a.m., on the admissibility and merits in the case of Zarb Adami v. Malta (application no. 17209/02).   The applicant   The applicant, Maurice Zarb Adami, is a Maltese national, who lives in Attard, Malta. He is a pharmacist.   Summary of the facts   From 1971 he was placed on the list of jurors in Malta and remained on the list until at least 2002. Between 1971 and 1997 he served as both a juror and foreman in three different sets of criminal proceedings. In 1997 he was called again to serve as a juror, but failed to appear and was fined approximately 240 Euro. As the applicant failed to pay the fine, he was summoned before the Criminal Court, before which he pleaded that the fine imposed on him was discriminatory in terms of Article 45 of the Constitution and Article 14 (prohibition of discrimination) of the European Convention on Human Rights, taken in conjunction with Article 4 § 3 (d) (prohibition of forced labour). He argued that others in his position were not subjected to the burdens and duties of jury service and that the law and/or the domestic practice exempted women from jury service, but not men. His case was referred to the First Hall of the Civil Court.   Before the First Hall, the applicant alleged that the Maltese system penalised men and favoured women; during the preceding five years only 3.05% of women had served as jurors as opposed to 96.95% of men. Moreover, the burden of jury service was not equitably distributed; in 1997 the list of jurors represented only 3,4% of the list of voters. On 5 February 1999 the First Hall of the Civil Court rejected the applicant’s claims.   He appealed, stressing that jury service was a burden, as jurors were required to leave their work to attend court hearings regularly. It also imposed a moral burden to judge the innocence or guilt of a person. His appeal was rejected.   In 2003, as a lecturer at the University of Malta, the applicant unsuccessfully sought exemption from jury service, under Article 604(1) of the Criminal Code (CC).   Having been summoned once again to serve as a juror in another trial, in 2004 the applicant requested to be exempted from jury service under Article   607 of the CC. His application was refused.   Complaint   The applicant complains that he has been the victim of discrimination on the ground of sex, as the percentage of women requested to undertake jury service in Malta is negligible, and that he has been obliged to face criminal proceedings in relation to the imposition of a discriminatory civic obligation. He relies on Article 14 (prohibition of discrimination) of the European Convention on Human Rights taken in conjunction with Articles 4 §   3 (prohibition of slavery and forced labour) of the Convention.   Procedure   The application was lodged on 22 April 2002.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Nicolas Bratza (British), President , Josep Casadevall (Andorran), Kristaq Traja (Albanian), Lech Garlicki (Polish), Javier Borrego Borrego (Spanish), Ljiljana Mijović (Citizen of Bosnia and Herzegovina), judges , Justice Joseph Filletti (Maltese) , ad hoc judge , Matti Pellonpää , Rait Maruste (Estonian), Stanislav Pavlovschi (Moldovan), Ján Šikuta (Slovakian), substitute judges , and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government :   Silvio Camilleri , Peter Grech , Agents;   Applicant :   Ian Refalo, Therese Comodini Cachia , Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility followed if appropriate by 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.