CEDH · PRESS;HEARINGS;ENG — 7 octobre 2009

.s800EAC49 { font-size:12pt } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .s29100277 { font-family:Arial; font-weight:bold } .sA678F94A { margin-top:0pt; margin-bottom:0pt; text-align:right; font-size:11pt } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4BAE41EE { font-family:Arial; font-size:11pt } .s7ED160F0 { text-decoration:none } .s92A5AB2 { font-family:Arial; font-size:11pt; text-decoration:underline; color:#0069d6 } .s99A63BFE { margin-top:0pt; margin-bottom:0pt; text-align:left; font-size:11pt } .s8A3CF084 { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt; font-size:11pt } .s9175A498 { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt; text-align:left; font-size:11pt } .s624258FB { width:17.2pt; text-indent:0pt; display:inline-block } .sA5F2E14C { width:25.76pt; text-indent:0pt; display:inline-block } .sCC018295 { font-family:Arial; font-size:5.33pt; 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 } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sB853CD26 { font-family:Arial; font-size:8pt }   732 07.10.2009   Press release issued by the Registrar   GRAND CHAMBER HEARING NEULINGER AND SHURUK v. SWITZERLAND   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 7 October 2009 at 9.15 a.m. in the case of Neulinger and Shuruk v. Switzerland (application no. 41615/07).   The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site ( http://www.echr.coe.int ).   The applicants   Isabelle M. Neulinger and her son Noam Shuruk, are Swiss nationals who were born in 1959 and 2003 respectively and live in Lausanne (Switzerland, Canton of Vaud).   Summary of the facts   In 1999 Ms Neulinger, who is Jewish, settled in Israel where she married Shai Shuruk in 2001. Their son, Noam, was born in Tel Aviv in 2003.   Ms Neulinger, fearing that Noam would be abducted by his father into a “Loubavitch-Habad” community, applied to the Tel Aviv Family Court, which in 2004 imposed a ban on Noam leaving the country until he attained majority. The first applicant was granted interim custody and parental responsibility was granted to both parents jointly. The father’s contact rights were subsequently restricted on account of his threatening behaviour.   On 10 February 2005 the parents divorced and on 24 June 2005 the first applicant secretly left Israel for Switzerland with her son.   In a decision of 30 May 2006, issued following an application by the child’s father, the Tel Aviv Family Court observed that the child was habitually resident in Tel Aviv and that the parents had joint parental responsibility for their son. The court held that the child’s removal from Israel without the father’s consent was wrongful within the meaning of Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980.   On 12 June 2006, following an extremely urgent application by the father, the Justice of the Peace of the Lausanne district ordered the first applicant to hand her and her son’s passports into the registry of the Justice of the Peace Court immediately.   In a decision of 29 August 2006, the father’s application for his son’s return to Israel was dismissed by the Justice of the Peace of the Lausanne district on the ground that there was a grave risk that the child’s return to Israel would expose him to physical or psychological harm or otherwise place him in an intolerable situation.   On 22 May 2007 the Vaud Cantonal Court, dismissing the father’s application, confirmed that this case was an exception to the principle of the child’s prompt return, in accordance with Article 13 first paragraph, letter b) of the Hague Convention.   On 16 August 2007 the Federal Court allowed an appeal by the father on the ground that that Article had been wrongly applied and ordered the first applicant to return the child to Israel.   Complaint   The applicants relied, in particular, on Article 8 (right to respect for private and family life) of the European Convention on Human Rights, submitting that Noam’s return to Israel would constitute an unjustified interference in their family life.   Procedure   The application was lodged with the European Court of Human Rights on 26 September 2007. In a judgment of 8 January 2009, the Court held, by four votes to three, that there had been no violation of Article 8 of the Convention concerning the order to return Ms Neulinger’s son to Israel. On 5 June 2009 the case was referred to the Grand Chamber at the applicants’ request.   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), Peer Lorenzen (Denmark), Françoise Tulkens (Belgium), Josep Casadevall (Andorra), Ireneu Cabral Barreto (Portugal), Corneliu Bîrsan (Romania) Boštjan M. Zupančič (Slovenia), Elisabet Fura (Sweden), Egbert Myjer (the Netherlands), Danutė Jočienė (Lithuania), Isabelle Berro-Lefèvre (Monaco), Päivi Hirvelä (Finland), Giorgio Malinverni (Switzerland), András Sajó (Hungary), Nona Tsotsoria (Georgia), Zdravka Kalaydjieva (Bulgaria), judges , Mirjana Lazarova Trajkovska (“the former Yugoslav Republic of Macedonia”), Renate Jaeger (Germany), Vladimiro Zagrebelsky (Italy), substitute judges , and also Vincent Berger , Jurisconsult .   Representatives of the parties   Government :   Frank Schürmann , Agent , David Urwyler , Cordélia Ehrich , Counsel ,   Applicants :   Alain Lestourneaud , Patricia Lestourneaud , Marc-Etienne Favre , Yigal Zander Counsel , Maryline Marques-Lestourneaud , Adviser .   The applicant, Isabelle M. Neulinger, will also attend the hearing.     ***   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) or Tracey Turner-Tretz (telephone : 00 33 (0)3 88 41 35 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) Frédéric Dolt (telephone : 00 33 (0)3 90 21 53 39)   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.