CEDH · PRESS;HEARINGS;ENG — 12 octobre 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 } .sA36B60A1 { font-family:Arial; font-style:italic } .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 } EUROPEAN COURT OF HUMAN RIGHTS   531 12.10.2005   Press release issued by the Registrar   GRAND CHAMBER HEARING SEJDOVIC v. ITALY   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 12 October 2005 at 9 a.m. in the case of Sejdovic v. Italy (application no.   56581/00).   The applicant   The applicant, Ismet Sejdovic, is a national of former Yugoslavia who was born in 1972 and lives in Hamburg (Germany).   Summary of the facts   The case concerns the applicant’s conviction in absentia .   In October 1992 an investigating judge made an order for the applicant’s detention pending trial on account of his suspected involvement in the killing of a person at a Gypsy encampment in Rome. As the applicant was untraceable, the authorities considered that he had deliberately evaded justice and declared him to be a “fugitive” ( latitante ). The lawyer assigned to represent him by the authorities took part in his trial, but the applicant did not appear. On   2   July 1996 Rome Assize Court sentenced the applicant to 21 years and eight months’ imprisonment for manslaughter and illegally carrying a weapon.   In September 1999 the applicant was arrested by the German police in Hamburg and the Italian Minister of Justice requested his extradition. The request was refused by the German authorities on the ground that Italian law did not guarantee with sufficient certainty that the applicant would have the opportunity of having his trial reopened.   The applicant was released on 22 November 1999.   Complaint   Relying on Article 6 (right to a fair trial) of the European Convention on Human Rights, the applicant complained that he had been convicted in absentia without having had the opportunity to present his defence before the Italian courts.   Procedure   The application was lodged with the European Court of Human Rights on 22 March 2000 and declared partly admissible on 11 September 2003. In a judgment of 10 November 2004 (see press release no. 559 from 2004) the Court held that there had been a violation of Article 6 and that the violation had originated in a systemic problem connected with the malfunctioning of Italian legislation and practice in that those convicted in absentia were unable to obtain a fresh court ruling on the merits of the charge against them. The case was referred to the Grand Chamber at the Government’s request.   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), Loukis Loucaides (Cypriot), Corneliu Bîrsan (Romanian) Volodymyr Butkevych (Ukrainian), Vladimiro Zagrebelsky (Italian), Antonella Mularoni (San Marinese), Stanislav Pavlovschi (Moldovan), Lech Garlicki (Polish), Elisabet Fura-Sandström (Swedish), Renate Jaeger (German), Egbert Myjer (Netherlands), Sverre Erik Jebens (Norwegian), Danute Jočienė (Lithuanian), judges , Dean Spielmann (Luxemburger), John Hedigan (Irish), Javier Borrego Borrego (Spanish), substitute judges , and also Lawrence Early , Grand Chamber Deputy Registrar .   Representatives of the parties   Government :   Francesco Crisafulli , co-Agent ;   Applicant :   Ben Bartholdy , Ulrike Wiener , Counsel .   ***   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)   Beverley Jacobs (telephone: +00 33 (0)3 90 21 54 21) 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.