CEDH · PRESS;GENERAL;ENG — 8 novembre 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 } .s8A3CF086 { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt; font-size:13pt } .s8408AAD1 { font-family:Arial; font-size:12pt; font-weight:bold } .s4B4B41EE { font-family:Arial; font-size:12pt } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .s927039E3 { font-family:Arial; font-size:12pt; font-weight:bold; font-style:italic } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS   596 8.11.2005   Press release issued by the Registrar   CHAMBER HEARING MURILLO SALDIAS AND OTHERS v. SPAIN   The European Court of Human Rights is holding a Chamber hearing today Tuesday 8   November 2005 at 9.30 a.m., on the admissibility and merits in the case of Murillo Saldias and Others v. Spain (application no. 76973/01).   The applicants   The case concerns three Spanish nationals and two British nationals who are Sergio Murillo Saldías, who is 26 years old and lives in Orcoyen (Spain), Salvador Sanchis Pérez and María Isabel Verdú Peydro, who both live in Ibi (Spain), and Barry and Andrée Copestake, who live in Keelby (United Kingdom).   Summary of the facts   The applicants are survivors of the disaster which struck the Biescas campsite (Spanish Pyrenees) on 7 August 1996 when 87 people were killed in severe flooding following torrential rain. The first applicant’s parents and brother and sister died in the catastrophe. The other applicants sustained serious injuries, and their physical and mental health was badly affected.   The Virgen de las Nieves campsite was situated at the confluence of the Arás, Betés and Asó Rivers on land belonging to the municipality of Biescas (Huesca). Considering the project of benefit to the village, the municipal authority had approved the plans for the campsite in 1985, and sent the file to the Provincial Development Department. The Head of the Botany Department of the Aragon Regional Government issued a report in January 1986 in which he expressed reservations about corrective works that had been carried out to prevent flooding on the River Arás, and about the location of the site (near the road to France via le Portalet) and the nature of the terrain. He recommended that an alternative location be sought for the campsite.   The provincial department decided not to change the location of the campsite. The Head of the Botany Department issued a second report on 4 August 1986 in which he advised against granting planning permission for the campsite, as the area concerned was an alluvial cone of a watercourse with a powerful torrential regime and, despite the fact that corrective works had been carried out, it constituted a danger for users.   Referring only to the recommendation of the Head of the Botany Department’s report of January 1986, the Head of the Regional Development Department sent a draft decision granting permission for use of the land as a campsite to the Department of Agriculture of the Aragon Regional Government. In a decision of April 1987, the Head of the Department of Agriculture granted permission for the use of the land. The decision contained references to various expert reports, but not to the report of 4 August 1986.   Following the catastrophe on 7 August 1996 a criminal investigation was started, which the applicants joined as several parties. It ended with an order of 4 October 1999 by the Jaca investigating judge that there was no case to answer, as the constitutive elements of the offences of criminal negligence and malfeasance had not been made out. An appeal by the applicants against that decision was dismissed and an application for amparo relief in the Constitutional Court was declared inadmissible as being unfounded. One of the applicants has also brought proceedings against the authorities in the administrative courts, which are still pending.   Complaints   The applicants complain under Article 2 (right to life) of the European Convention on Human Rights that Spain did not take all the preventive measures that were necessary to protect users of the Biescas campsite. They allege that the authorities granted permission to use the land as a campsite despite being aware of the potential dangers. They also complain under Article 6   §   1 (right to a fair hearing) of procedural unfairness, in the form of bias on the part of the investigating judges and the Spanish courts. Lastly, they complain under Article 13 (right to an effective remedy) that the national authorities did not conduct a proper, in-depth judicial investigation with a view to identifying those responsible for the catastrophe.   Procedure   The application was lodged on 13 November 2001.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Nicolas Bratza (British), President , Josep Casadevall (Andorran), Matti Pellonpää (Finnish), Rait Maruste (Estonian), Stanislav Pavlovschi (Moldovan), Javier Borrego Borrego (Spanish), Ján Šikuta (Slovakian), judges , Giovanni Bonello (Maltese), Kristaq Traja (Albanian), Lech Garlicki (Polish), Ljiljana Mijović (citizen of Bosnia and Herzegovina), substitute judges , and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government :   Ignacio Blasco Lozano , Agent ;   Applicants :   María Elena Melero Echauri , Elena Ostiz Melero , Counsel .   The applicant, Sergio Murillo Saldias will also attend the hearing.     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)   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.