CEDH · PRESS;HEARINGS;ENG — 14 décembre 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 } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .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 } .sBE253893 { margin-top:0pt; margin-bottom:0pt; line-height:150% } .s26C258D3 { width:31.97pt; display:inline-block } .s908FE487 { width:3.32pt; display:inline-block } .s82B86883 { margin-top:0pt; margin-left:108pt; margin-bottom:0pt; text-indent:36pt } .sA8C2B9B0 { width:20.37pt; 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   691 14.12.2005   Press release issued by the Registrar   GRAND CHAMBER HEARING MARKOVIC AND OTHERS v. ITALY   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 14 December 2005 at 9 a.m. in the case of Markovic and Others v. Italy (application no. 1398/03).   The applicants   The ten applicants are all nationals of Serbia and Montenegro and close relatives of people who were killed during the Kosovo conflict when an air strike on the headquarters of Radio Televizije Srbije ( RTS ) in Belgrade on 23   April 1999 by the NATO alliance resulted in 16   deaths.   Summary of the facts   Dusan and Zoran Markovic were born in 1924 and 1952; their application concerns the death of Dejan Markovic, the former’s son and the latter’s brother. Dusika and Vladimir Jontic were born in 1948 and 1978; their application concerns the death of Slobodan Jontic,   the former’s husband and the latter’s father. Draga Jankovic was born in 1947 and her application concerns the death of her husband, Milovan Jankovic. Mirjana and Slavica Stevanovic were born in 1945 and 1974; their application concerns the death of Slavisa Stevanovic, the   former’s son and the latter’s brother. Milena, Obrad and Dejan Dragojevic were born in 1953, 1946 and 1975 respectively; their application concerns Mr and Mrs Dragojevic’s son and Dejan’s brother, Dragorad Dragojevic.   The applicants brought an action in damages in the Rome District Court, as they considered that Italy’s involvement in the relevant military operations had been more extensive than that of the other NATO members in that Italy had provided major political and logistical support, such as the use of its air bases by aircraft engaged in the strikes on Belgrade and the RTS . The defendants to the action were the Prime Minister’s Office, the Italian Ministry of Defence and the NATO Allied Forces Southern Europe (AFSOUTH) Command.   The Prime Minister’s Office and the Italian Ministry of Defence applied to the Court of Cassation for a preliminary ruling on the issue of jurisdiction under Article 41 of the Code of Civil Procedure. In a judgment of 8 February 2002 which brought the applicants’ action to an end, the Court of Cassation held that the Italian courts had no jurisdiction because Italy’s decision to take part in the air strikes had been a political one and could not, therefore, be reviewed by the courts.             Complaints   The applicants complain, under Article 6 (right to a fair hearing) of the European Convention on Human Rights read in conjunction with Article 1 (obligation to respect human rights) of the Convention, that they were denied access to a court.   Procedure   The application was lodged on 6 December 2002 and declared partially admissible on 12 June 2003. On 28 February 2005 the Government of Serbia and Montenegro requested permission to intervene as a third party and, on 28 April 2005, the Chamber relinquished jurisdiction in favour of the Grand Chamber. On 21 June 2005 the United Kingdom Government was given permission to submit written observations.   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), Lucius Caflisch (Swiss), Ireneu Cabral Barreto (Portuguese) Karel Jungwiert (Czech), John Hedigan (Irish), Margarita Tsatsa-Nikolovska (citizen of “the former Yugoslav Republic of Macedonia”), Mindia Ugrekhelidze (Georgian), Anatoli Kovler (Russian), Vladimiro Zagrebelsky (Italian), Egbert Myjer (Netherlands), David Thór Björgvinsson (Icelandic), Danute Jočienė (Lithuanian), Ján Šikuta (Slovakian), judges , Riza Türmen (Turkish), Françoise Tulkens (Belgian), Matti Pellonpää (Finnish), substitute judges , and also Lawrence Early, Deputy Grand Chamber Registrar .   Representatives of the parties   Italian Government :   Francesco Crisafulli , Agent , Annalisa Ciampi Counsel   ;   Government of Serbia and Montenegro:   Slavoljub Carić, co-Agent, Katarina Josifov and Irena Banovcanin-Heuberger , Advisers;   Applicants :   Giuseppe and   Aldo Bozzi , Counsel , Domenico Gallo , Adviser.   Ambretta Rampelli , will also be present on behalf of the applicants.   ***   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)   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.