CEDH · PRESS;HEARINGS;ENG — 16 janvier 2007

.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 } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } EUROPEAN COURT OF HUMAN RIGHTS   38 16.01.2007   Press release issued by the Registrar   CHAMBER HEARING GEBREMEDHIN v. FRANCE   The European Court of Human Rights is holding a Chamber hearing today at 2.30 p.m., on the merits in the case of Gebremedhin v. France (application no. 25389/05).   The applicant   The case concerns an application brought by an Eritrean national, Asebeha Gebremedhin aged 27 (born on 25 March 1979) who lives in Paris, France, where he obtained refugee status in 2005.   Summary of the facts   In 1998, like many other individuals, the applicant and his family were displaced from Ethiopia to Eritrea, where the applicant worked as a reporter and photographer for the independent newspaper Keste Debena , whose editor was at that time the journalist Milkias Mihretab. Both men were arrested in 2000, apparently on account of their professional activities. Mr Mihretab was imprisoned for eight months and the applicant for six months.   In September 2001 Mr Mihretab fled the country. The applicant, who was arrested and interrogated about his journalist friend, is said to have been tortured. He was imprisoned for six months and managed to abscond from the prison hospital, where he had been transferred after contracting tuberculosis.   After spending some time in Sudan, the applicant, without any identity documents, arrived at Charles de Gaulle airport in Paris on 29 June 2005, according to his version of events with which the French Government disagree. On 1 July 2005 he applied for leave to enter France on grounds of asylum. On 5 July 2005 the OFPRA (French authority for the protection of refugees and stateless persons) issued the opinion that the applicant should not be admitted to France on account of inconsistencies in his claims. The following day, the Ministry of the Interior dismissed his application and gave directions for his removal “to Eritrea, or if need be to any country where he may be legally admissible”. An appeal by the applicant against that decision was dismissed, on 8 July 2005, by the urgent applications judge of the Cergy-Pontoise Administrative Court.   The applicant lodged an application with the European Court of Human Rights, which indicated to the French Government, on 15 July 2005, pursuant to Rule 39 of the Rules of Court, that it was desirable not to remove him to Eritrea prior to the forthcoming meeting of the appropriate Chamber. On 20 July 2005 the French authorities granted him leave to enter France and then issued him with a temporary residence permit.   On 7 November 2005 the OFPRA granted the applicant refugee status. Complaints   The applicant complains, under Article 13 (right to an effective remedy) of the Convention, in conjunction with Article 3 (prohibition of torture and inhuman or degrading treatment), that under French law there is no remedy with suspensive effect against decisions refusing leave to enter or directing removal. He further complains, under Article 5 § 1 (right to liberty and security), that he was unlawfully deprived of liberty while he was held in the international zone, from 29 June to 1 July 2005, and subsequently in the waiting area until 20   July 2005.   Procedure   The application was lodged on 14 July 2005 and declared admissible on 10 October 2006.   Composition of the Court   The case will be heard by a Chamber composed as follows:   András Baka (Hungarian), President , Jean-Paul Costa (French), Ireneu Cabral Barreto (Portuguese), Antonella Mularoni (San Marinese), Elisabet Fura-Sandström (Swedish), Danutė Jočienė (Lithuanian), Dragoljub Popović (Serbian), judges , Riza Türmen (Turkish), Mindia Ugrekhelidze (Georgian), substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government :   Edwige Belliard , Agent ,   Anne-Françoise Tissier , Marianne Ziss , M. Mouton , Frédérique Doublet, Catherine Galy, Michael Chaussard, Counsel ;   Applicant :   Jean-Eric Malabre , Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   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.