CEDH · PRESS;FORTHCOMINGJUDGMENTS;ENG — 13 octobre 2006

.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 } .sADADF4A7 { font-family:Arial; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   593 13.10.2006   Press release issued by the Registrar   FORTHCOMING GRAND CHAMBER JUDGMENTS   18 October 2006   The European Court of Human Rights will be holding a public hearing in the Human Rights Building, Strasbourg, on Wednesday 18 October 2006 at 2.15 p.m. (local time) to deliver two Grand Chamber judgments in the cases of Üner v. Netherlands (application no. 46410/99) and Hermi v. Italy (no. 18114/02).   Press releases and texts of the judgments will be available after the hearing on the Court’s Internet site ( http://www.echr.coe.int ).     2.15 p. m.     Üner v. Netherlands   The case concerns an application brought by a Turkish national, Ziya Üner who was born in 1969 and lives in Eskişehir, (Turkey).   The applicant came to the Netherlands at the age of 12 with his mother and two brothers to join his father and, in 1988, obtained a permanent residence permit ( vestigingsvergunning ).   In or around June 1991, he started living with a Netherlands national. The couple had a son, born on 4 February 1992. The applicant moved out in November 1992, but remained in close contact with both his partner and son.   The applicant was convicted of manslaughter ( doodslag ) and assault ( zware mishandeling ) on 21   January   1994 and sentenced to seven years’ imprisonment.   His partner, son and second son (born to the applicant and his partner on 26   June 1996) visited him in prison at least once a week. Both his sons have Netherlands nationality and have been recognised ( erkend ) by him. Neither his partner nor his children speak Turkish.   On 30   January 1997 the Deputy Minister of Justice ( Staatssecretaris van Justitie ) withdrew the applicant’s permanent residence permit and imposed a ten-year exclusion order ( ongewenstverklaring ) on him in view of his conviction of 21   January 1994. The applicant appealed unsuccessfully.   He was deported to Turkey on 11   February 1998. However, it appeared that he returned to the Netherlands soon afterwards and was once more deported to Turkey on 4 June 1998. He again appealed unsuccessfully.   The applicant complains that, as a result of the withdrawal of his residence permit and the imposition of a ten-year exclusion order, he has been separated from his family. He relies on Article 8 (right to respect for private and family life) of the European Convention on Human Rights.   In its Chamber judgment of 5 July 2005, the European Court of Human Rights held, by six votes to one, that there had been no violation of Article 8.   The applicant requested that the case be referred to the Grand Chamber (under Article 43 [1] of the Convention and Rule 73 of the Rules of Court).   2.30 p.m.    Hermi v. Italy   The applicant, Fausi Hermi, is a Tunisian national who was born in 1969. He is currently in Frosinone Prison (Italy).   The applicant was arrested in 1999 in possession of 485 grams of heroin and criminal proceedings were brought against him for drug trafficking. On 24 March 2000 the preliminary hearing judge sentenced him to six years’ imprisonment and a fine of about 20,658   euros   (EUR). The applicant appealed against that judgment.   The applicant’s lawyer applied for his client to be released from prison to attend a hearing before Rome Court of Appeal. That court dismissed the application and, in a judgment of 3 November 2000, upheld the impugned judgment. The applicant appealed unsuccessfully on points of law.   The applicant complains that he was unable to take part in his appeal hearing, relying on Article 6 § 1 (right to a fair trial) of the Convention.   In its Chamber judgment of 28 June 2005, the Court held, by four votes to three, that there had been a violation of Article 6 § 1.   On 23 September 2005 the Government requested that the case be referred to the Grand Chamber under Article 43 (referral to the Grand Chamber).   ***   Press contacts 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)   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.   [1] Under Article 43 of the Convention, 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.