CEDHPRESS;FORTHCOMINGJUDGMENTS;ENG
CEDH · PRESS;FORTHCOMINGJUDGMENTS;ENG — 28 novembre 2007
- ECLI
- ECLI:CEDH:003-2200566-2343331
- Date
- 28 novembre 2007
- Publication
- 28 novembre 2007
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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United Kingdom (application no. 44362/04 ) on Tuesday 4 December 2007 at 4 p.m. (local time); and,   Stoll v. Switzerland (no. 69698/01) on Monday 10 December 2007 at 9.30 a.m..   Press releases and texts of the judgments will be available after the hearing on the Court’s Internet site ( http://www.echr.coe.int ).     Tuesday 4 December 2007   Dickson v. United Kingdom   The applicants, Kirk and Lorraine Dickson, are British nationals who were born in 1972 and 1958 respectively. Mr Dickson is in Dovergate Prison, Uttoxeter (United Kingdom) and Mrs   Dickson lives in Hull (United Kingdom).   In 1994 Mr Dickson was convicted of murder and sentenced to life imprisonment with a tariff (the minimum period to be served) of 15 years. He has no children. In 1999 he met Lorraine, via a prison pen pal network while she was also imprisoned. In 2001 they married. Mrs   Dickson already had three children from other relationships.   The couple requested artificial insemination facilities to enable them to have a child together, arguing that it would not otherwise be possible, given Mr Dickson’s earliest release date and Mrs Dickson’s age. The Secretary of State refused their application. They appealed unsuccessfully.   The applicants complain about the refusal of access to artificial insemination facilities, relying on Article 8 (right to respect for private and family life) of the European Convention on Human Rights and Article 12 (right to marry and found a family) of the Convention.   In its Chamber judgment of 18 April 2006 (press release No. 222, 2006), the Court held, by four votes to three, that there had been no violation of Articles 8 or 12.   On 10   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 13 September 2006 the panel of the Grand Chamber accepted that request.     Monday 10 December 2007   Stoll v. Switzerland   Martin Stoll, a Swiss national who lives in Zürich (Switzerland), is a journalist.   In December 1996 Carlo Jagmetti, who was then the Swiss ambassador to the United States, drew up a “strategic   document”, classified as “confidential”, in the course of negotiations between, among others, the World Jewish Congress and Swiss banks concerning compensation due to Holocaust victims for unclaimed assets deposited in Swiss banks.   The document was sent to the person in charge of the matter at the Federal Department of Foreign Affairs in Berne and copies were sent to 19 other people and certain Swiss diplomatic representatives. The applicant obtained a copy, probably as a result of a breach of professional confidence by a person whose identity remains unknown.   On 26 January 1997 the Zürich Sunday newspaper Sonntags-Zeitung published two articles by the applicant under the headings “Carlo Jagmetti offends the Jews” and “The ambassador in bathrobe and climbing boots puts his foot in it again”, accompanied by extracts from the report in question. The next day the Zürich daily Tages-Anzeiger reproduced large extracts from the strategic document and subsequently the newspaper Nouveau Quotidien also published extracts from the report.   On 22 January 1999 Zürich District Court sentenced the applicant to a fine of 800 Swiss francs (approximately 520 euros) for publishing “official confidential deliberations” within the meaning of Article 293 of the Criminal Code. Appeals lodged by the applicant were dismissed at last instance by the Federal Court on 5 December 2000.   The Swiss Press Council, to which the case had been referred by the Swiss Federal Council in the meantime, accepted that publication had been legitimate, given the importance of the public debate concerning the assets of Holocaust victims. However, it found that by thus shortening the analysis and failing to place the report sufficiently in context, the applicant had irresponsibly made the ambassador’s remarks appear sensational and shocking.   The applicant submits that his conviction had infringed Article 10 (freedom of expression) of the European Convention on Human Rights.   In its Chamber judgment of 25 April 2006 (press release No. 234, 2006) the Court held, by four votes to three, that there had been a violation of Article 10 of the Convention.   On 14   July 2006 the Government requested that the case be referred to the Grand Chamber under Article 43 1 (referral to the Grand Chamber) and on 13 September 2006 the panel of the Grand Chamber accepted that request.     ***   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Tracey Turner-Tretz (telephone: 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone: 00 33 (0)3 90 21 54 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. [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.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;FORTHCOMINGJUDGMENTS;ENG
- Date
- 28 novembre 2007
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-2200566-2343331
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