CEDH · PRESS;HEARINGS;ENG — 17 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 } .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 } .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 } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   39 17.1.2007   Press release issued by the Registrar   GRAND CHAMBER HEARING D.H. AND OTHERS v. THE CZECH REPUBLIC   The European Court of Human Rights is holding a Grand Chamber hearing today 17 January 2007 at 9 a.m., in the case of D.H. and Others v. the Czech Republic (application no. 57325/00).   The applicants   The case concerns an application brought by 18 Czech nationals of Roma origin who were born between 1985 and 1991 and live in the Ostrava region (Czech Republic).   Summary of the facts   Between 1996 and 1999 they were placed in special schools (zvláštní školy) for children with learning difficulties unable to follow the ordinary school curriculum. By law, the decision to place a child in a special school is taken by the head teacher on the basis of the results of tests to measure the child’s intellectual capacity carried out in an educational psychology and child guidance centre, and requires the consent of the child’s legal representative.   Fourteen of the applicants sought a review by Ostrava Education Department (školský úřad) on the grounds that the tests performed had been unreliable and that their parents had not been sufficiently informed of the consequences of giving consent. The Education Department found that the placements had been made in accordance with the statutory rules.   In addition, 12 of the applicants appealed to the Constitutional Court. They argued that their placement in special schools amounted to a general practice that created segregation and racial discrimination through the coexistence of two autonomous educational systems, namely special schools for the Roma and “normal” primary schools for the majority of the population. That appeal was dismissed on 20 October 1999.   Complaints   The applicants complained under Article 2 of Protocol No. 1 (right to education), taken alone and together with Article 14 (prohibition of discrimination) that they had suffered discrimination in the enjoyment of their right to education on account of their Roma origin.   Procedure   The application was lodged on 18 April 2000 and declared admissible on 1 March 2005. On 5   May 2006 the applicants requested that the case be referred to the Grand Chamber under Article 43 [1] (referral to the Grand Chamber) and on 3 July 2006 the panel of the Grand Chamber accepted that request.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Christos Rozakis (Greek), Judge , Nicolas Bratza (British), Boštjan M. Zupančič (Slovenian), Peer Lorenzen (Danish), Riza Türmen (Turkish), Karel Jungwiert (Czech), Margarita Tsatsa-Nikolovska (citizen of “the former Yugoslav Republic of Macedonia”) Vladimiro Zagrebelsky (Italian), Elisabeth Steiner (Austrian), Javier Borrego Borrego (Spanish), Alvina Gyulumyan (Armenian), Khanlar Hajiyev (Azerbaijani), Dean Spielmann (Luxemburger), Sverre Erik Jebens (Norwegian), Ján Šikuta (Slovakian), Ineta Ziemele (Latvian), Mark Villiger (Swiss), judges , Kristaq Traja (Albanian), Dragoljub Popović (Serbian), Josep Casadevall (Andorran), substitute judges , and also Michael O’Boyle , Deputy Registrar .   Representatives of the parties   Government :   Vít Alexander Schorm , Agent ,   Martina Kopsová , Zuzana Kaprová , Jana Zapletalová, Roman Barinka, Petr Konůpka, Counsel ;   Applicants :   Lord Lester of Herne Hill , James Goldston, David Strupek , Counsel .     ***   After the hearing the Court will begin its deliberations, which are held in private. 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 European Convention on Human Rights, 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.