CEDH · PRESS;HEARINGS;ENG — 1 avril 2009

.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 } .s3DC36BA9 { font-family:Arial; text-decoration:underline; 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 } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .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   278 1.4.2009   Press release issued by the Registrar   GRAND CHAMBER HEARING ORŠUŠ AND OTHERS v. CROATIA   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 1 April 2009 at 9.15 a.m. in the case of Oršuš and Others v. Croatia (application no. 15766/03).   The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site ( http://www.echr.coe.int ).   The applicants   The applicants are 15 Croatian nationals of Roma origin. They were born between 1988 and 1994 and all live in Orehovica, Podturen and Trnovec in northern Croatia. The case concerns the applicants’ complaint that they were segregated at primary school because they were Roma.   Summary of the facts   The applicants attended primary school in the villages of Macinec and Podutren at different times between the years 1996 and 2000. They participated in both Roma-only and mixed classes before leaving school at the age of 15.   In April 2002 the applicants brought proceedings against their primary schools. They claimed that the Roma-only curriculum in their schools had 30   % less content than the official national curriculum. They alleged that that situation was racially discriminating and violated their right to education as well as their right to freedom from inhuman and degrading treatment. They also submitted a psychological study of Roma children who attended Roma-only classes in their region which reported that segregated education produced emotional and psychological harm in Roma children, both in terms of self-esteem and development of their identity.   In September 2002 Čakovec Municipal Court dismissed the applicants’ complaint. It found that the reason why most Roma pupils were placed in separate classes was that they needed extra tuition in Croatian. Furthermore, the curriculum at Podturen and Macinec Elementary schools was the same as that used in parallel classes in those schools. Consequently, the applicants had failed to substantiate their allegations concerning racial discrimination. The applicants’ complaint was also subsequently dismissed on appeal.   The applicants’ constitutional complaint, lodged in November 2003, was dismissed on similar grounds in February 2007.   Complaints   The applicants allege that their segregation into Roma-only classes at school deprived them of their right to education in a multicultural environment and made them endure severe educational, psychological and emotional harm, and in particular feelings of alienation and lack of self-esteem. They also complain about the excessive length of the proceedings they brought before the domestic courts concerning those complaints. They rely, in particular, on Article   3 (prohibition of inhuman or degrading treatment), Article   6 §   1 (right to a fair hearing within a reasonable time), Article   2 of Protocol No.   1 (right to education) and Article   14 (prohibition of discrimination) of the European Convention on Human Rights.   Procedure   The application was lodged with the European Court of Human Rights on 8 May 2003.   In a judgment of 17   July 2008, the Court held, unanimously, that there had been no violation of Article   2 of Protocol No.   1 taken alone or in conjunction with Article   14 of the Convention concerning the applicants’ complaint that they were placed in Roma-only classes at primary school; and, a violation of Article 6 § 1 of the Convention concerning the excessive length of the proceedings brought by the applicants in particular before the Constitutional Court.   On 13 October 2008 the applicants requested that the case be referred to the Grand Chamber under Article 43 (referral to the Grand Chamber) and on 1 December 2008 the panel of the Grand Chamber accepted that request.   On 23 January 2009 and 11 and 12 February 2009 respectively, the President of the Court gave the organisation “Greek Helsinki Monitor”, the Government of the Slovak Republic and the organisation “Interights” leave to intervene as a third party in the Court’s proceedings under Article 36 § 2 of the Convention (third party intervention) and Rule 44 § 2 of the Rules of Court.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Jean-Paul Costa (France), President , Nicolas Bratza (the United Kingdom), Françoise Tulkens (Belgium), Josep Casadevall (Andorra), Karel Jungwiert (the Czech Republic), Nina Vajić (Croatia), Anatoly Kovler (Russia) Elisabeth Steiner (Austria), Alvina Gyulumyan (Armenia), Renate Jaeger (Germany), Egbert Myjer (the Netherlands), David Thór Björgvinsson (Iceland), Ineta Ziemele (Latvia), Isabelle Berro-Lefèvre (Monaco), Mirjana Lazarova Trajkovska (“The former Yugoslav Republic of Macedonia”), Işıl Karakaş (Turkey), Nebojša Vučinić (Montenegro), judges , Mihai Poalelungi (Moldova), Boštjan M. Zupančič (Slovenia), Corneliu Bîrsan (Romania), substitute judges , and also Vincent Berger , Jurisconsult .   Representatives of the parties   Government :   Štefica Stažnik , Agent ,   Domagoj Maričić , Co-Agent ,   Nada Jakir , Iva Ivanišević , Advisers ;   Applicants :   Lovorka Kušan , James Goldston , Counsel ,   Andi Dobrushi , Theodoros Alexandridis , Advisers.     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date [1] .   Press contacts Stefano Piedimonte (telephone : 00 33 (0)3 90 21 42 04) Tracey Turner-Tretz (telephone : 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone : 00 33 (0)3 88 41 28 30) Kristina Pencheva-Malinowski (telephone : 00 33 (0)3 88 41 35 70) Céline Menu-Lange (telephone : 00 33 (0)3 90 21 58 77)   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] This summary by the Registry does not bind the Court.