CEDHPRESS;GENERAL;ENG
CEDH · PRESS;GENERAL;ENG — 24 janvier 2002
- ECLI
- ECLI:CEDH:003-483027-484230
- Date
- 24 janvier 2002
- Publication
- 24 janvier 2002
droits fondamentauxCEDH
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.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 } .s903B0117 { margin-top:0pt; margin-left:70.9pt; margin-bottom:0pt; text-indent:-70.9pt; text-align:justify } .sCFE25540 { width:12.2pt; text-indent:0pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     045   24.1.2002   Press release issued by the Registrar   HEARING IN THE CASE OF COVEZZI and MORSELLI v. ITALY   Thursday 24 January 2002 at 9.00 a.m.   The applicants   The case concerns an application brought by Delfino Covezzi and his wife Maria Lorena Morselli both Italian nationals, who were born in 1959 and live in Massa Finalese (Modena).   Summary of the facts   The applicants are married and have five minor children. Their niece complained to the public prosecutor that she, her brother and the applicants’ four eldest children had been sexually abused by certain of their relatives. She did not accuse the applicants.   In November 1998, without hearing the applicants, the Youth Court held that they had failed in their parental duty in not realising their children had been the victims of repeated sexual abuse. The court ordered that the children be removed from their parents. They were placed in four different homes and all contact between the applicants and their children was suspended. A number of conflicting medical reports were then produced dealing with whether or not the applicants’ four eldest children had been sexually abused.   The applicants’ requests to the Youth Court to change its position failed and no appeal to another court was possible under Italian law because the Youth Court had followed an emergency procedure. Applications for their children to be placed in the care of another local authority and in the same home and for meetings to be arranged with them likewise failed. In the interim, one of the children made a statement complaining of sexual abuse by their father with the complicity of their mother; as a result, investigations were started concerning the applicants, which are still pending.   Complaints   The applicants complain about the break up of their family unit and that their children have been placed in different homes and have no contact with each other. They also complain about the impossibility of appealing against an emergency order by the Youth Court. They rely on Article 8 (right to a family life) and also Articles 6 § 1 (access to court), and 13 (right to an effective remedy) of the European Convention on Human Rights.   Procedure   The application was lodged on 11 August 1999. Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Françoise Tulkens (Belgian), Luigi Ferrari Bravo (Italian), Giovanni Bonello (Maltese), Peer Lorenzen (Danish), Nina Vajić (Croatian), Snejana Botoucharova (Bulgarian), judges , Anatoly Kovler (Russian), substitute judge , and also Erik Fribergh , Section Registrar .   Representatives of the parties   Government:   Mr V. Esposito , Co-Agent , Mr F. Crisafulli, Deputy Co-Agent ;   Applicants:   Mrs C.L. Tassi , Counsel , Mr C. Previdi , Counsel , Mr A. Cortelloni , assistant counsel , Mrs E. Abbati , assistant counsel   Mr Delfino Covezzi and Mrs Maria Lorena Morselli will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility will be issued 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.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;GENERAL;ENG
- Date
- 24 janvier 2002
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-483027-484230
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