CEDH · PRESS;HEARINGS;ENG — 13 novembre 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 } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; 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     836   13.11.2001   Press release issued by the Registrar   HEARING IN THE CASE OF DE DIEGO NAFRIA v. SPAIN   13 November 2001 at 9.30 a.m.   The applicant   The case concerns an application lodged by a Spanish national, Mariano de Diego Nafría, who was born in 1943 and lives in Madrid. He was formerly an inspector at the Bank of Spain, where he was responsible for supervising credit and savings institutions.   Summary of the facts   Between 1993 and 1998 the Bank of Spain imposed disciplinary sanctions on the applicant. On 27 February 1997 he wrote to the Deputy Director General of the Bank of Spain informing him of various irregularities committed by the Bank’s services and authorities. On 11 March 1997 the Governor of the Bank of Spain sent the applicant a letter dismissing him from his post. The applicant appealed to the Madrid no. 16 Employment Tribunal, alleging, among other matters, the violation of Articles 14 (principle of non-discrimination) and 20 (right to the freedom of expression) of the Spanish Constitution. In a judgment delivered, after adversarial proceedings, on 31 July 1997 the Madrid no. 16 Employment Tribunal set aside the decision to dismiss the applicant on the ground that his right to the freedom to impart information had been infringed. The Bank of Spain appealed against that judgment to the Madrid High Court. After adversarial proceedings, the Madrid High Court gave judgment on 14 July 1998, setting aside the impugned judgment on the ground that the applicant’s dismissal had been compatible with the fundamental rights he had relied on, and Article 20 of the Constitution in particular. The applicant lodged a recurso de amparo against that judgment with the Constitutional Court, relying on Articles 20 (right to freedom of expression) and 24 (right to a fair trial) of the Spanish Constitution. By a decision of 30   November 1998 the Constitutional Court, repeating for the most part the reasoning of the Madrid High Court, dismissed that appeal as being without foundation.   Complaints   The applicant asserts that the content of the letter on account of which he was dismissed reflected the truth. He submits that the terms held to be offensive were taken out of context and interpreted without that context being taken into account. He observes that none of the persons criticised lodged criminal complaints or brought civil proceedings against him. He complains that the Madrid High Court and the Constitutional Court infringed his right to the freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights.   Procedure   The application was lodged on 27 January 1999 and declared admissible on 14 December 2000.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Elisabeth Palm (Swedish), President , Wilhelmina Thomassen (Dutch), Antonio Pastor Ridruejo (Spanish), Gaukur Jörundsson (Icelandic), Corneliu Bîrsan (Romanian), Josep Casadevall (Andorran), Boštjan Zupančič (Slovenian), judges , Riza Türmen (Turkish), Rait Maruste (Estonian), substitute judges ,   and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government:   Javier Borrego Borrego, Agent;   Applicant:   Enrique Lillo Perez , Counsel .   Mariano de Diego Nafría 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.   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.