CEDH · PRESS;HEARINGS;ENG — 23 octobre 2001

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s5E71CDDF { width:2.64pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     755   23.10.2001   Press release issued by the Registrar   HEARING IN THE CASE OF MORRIS v. THE UNITED KINGDOM   Tuesday 23 October 2001 at 9 a.m.   The applicant   The case concerns an application brought by an United Kingdom national, Dean Morris, who was born in 1975 and lives in Colchester.   Summary of the facts   The applicant claims he became the target of bullying and that, towards the end of November 1992, he was hit on the side of the head, causing him to fall and strike his head on the ground. On 26 February 1993, fearing a further attack, he went absent without leave. He was arrested on 16   October 1996 and charged with being absent without leave. He was remanded by his Commanding Officer for trial by district court martial on 13 March 1997.   The applicant applied to the Army Criminal Legal Aid Authority for legal aid, which was initially refused. He was subsequently offered legal aid subject to a contribution of 240 pounds sterling. He refused the offer , with the result that he was represented during the court martial by a defending officer alone, appointed by his Commanding Officer from within his own unit.     The court martial was held on 28 May 1997. The court was comprised of a Permanent President of Courts Martial (an army Lieutenant Colonel due to remain in his post for four years until retirement), two army Captains and a legally qualified civilian judge advocate. The applicant pleaded guilty and was sentenced to dismissal from the army and nine month’s detention. The defending officer erroneously advised him that if he appealed unsuccessfully he may face a longer period of detention.   On 31 May 1997 the applicant instructed a solicitor, who lodged a Petition with the Defence Council in its capacity as “reviewing authority” of all court martial convictions and sentences. The Petition emphasised that the applicant had had no legal representation and that his allegations of assault had not been presented to the court. The defending officer provided a statement to the Defence Council explaining, inter alia , why he had advised the applicant to plead guilty. The Petition was refused. The applicant’s application for leave to appeal to the Court Martial Appeal Court was also refused.   Complaints   The applicant complains under Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights about the structure of the court martial system in the United Kingdom. He says in particular that a court made up largely of army officers trying charges brought by the army cannot constitute an “independent and impartial tribunal”, particularly in the case of offences against army discipline. He highlights the role played by the “reviewing authority” and refers to army influence elsewhere in the court martial structure. He complains specifically about the conduct of his defending officer, and under Article 6 § 3(c) about the failure to provide legal representation for his court martial.   Procedure   The application was lodged on 31 October 1997 and declared admissible on 3 July 2001.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , Willi Fuhrmann (Austrian), Loukis Loucaides (Cypriot), Nicolas Bratza (British), Hanne Sophie Greve (Norwegian), Kristaq Traja (Albanian), Mindia Ugrekhelidze (Georgian), judges , Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Karel Jungwiert (Czech), substitute judges ,   and also Lawrence Early , Deputy Section Registrar .   Representatives of the parties   Government:   Christopher Whomersley , Agent , Philip Havers , Counsel , Jason Betteley ,     Lindsey Nicholl , David Howell ,   Gordon Risius , Stephen Andrews , Advisers ;   Applicant:   John Mackenzie , Counsel , Stewart Lindsay , Adviser .   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.