CEDHPRESS;HEARINGS;ENG
CEDH · PRESS;HEARINGS;ENG — 27 février 2002
- ECLI
- ECLI:CEDH:003-507115-508479
- Date
- 27 février 2002
- Publication
- 27 février 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 } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD35C6159 { width:1.54pt; display:inline-block } .s48438219 { width:67.57pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s3133A7C8 { font-family:Arial; color:#0069d6 }   EUROPEAN COURT OF HUMAN RIGHTS     109   27.2.2002   Press release issued by the Registrar   HEARING IN THE CASE OF MEFTAH AND ADOUD & BOSONI v. FRANCE   Wednesday 27 February 2002 at 9 a.m.   The applicant   The case concerns applications brought by French nationals: Nouredine Meftah , who was born in 1960 and lives in Irigny (France), Alain Adoud , who was born in 1950 and lives in Colombes (France), and Michel Bosoni , who was born in 1938 and lives in Paris.   Summary of the facts   The case concerns various complaints arising out of criminal proceedings.   Meftah – Nouredine Meftah’s complaint concerns proceedings before the Criminal Division of the Court of Cassation in which he represented himself. He alleges that he was not summoned to the hearing before the Court of Cassation and was thus prevented from replying to the Advocate-General’s submissions. In its chamber judgment of 26 April 2001 the European Court of Human Rights held unanimously that there had been a violation of Article   6 § 1 (right to a fair trial) of the European Convention on Human Rights and awarded the applicant 2,398 French francs (FRF) (reimbursement of the costs and expenses incurred before the Court of Cassation).   Adoud & Bosoni – Alain Adoud and Michel Bosoni were both convicted of traffic offences and sentenced to a fine and a temporary ban on driving. They complain that the submissions of the Advocate-General at the Court of Cassation were not communicated to them so that they were unable to reply. They further complain that they were not informed of the date of the hearing before the Criminal Division because they were not represented by a member of the Conseil d’État and Court of Cassation Bar. In its chamber judgment of 27 February 2001 the Court held unanimously that there had been a violation of Article 6 § 1 and awarded each of the applicants compensation of FRF 10,000 for costs and expenses.   Complaint   The applicants complain that, in their appeals to the Criminal Division of the Court of Cassation, the Advocate-General’s submissions were not communicated to them and that they were therefore unable to reply to them; they further complain of not being informed of the hearing dates or allowed to make oral representations. They say that they were denied a fair hearing within the meaning of Article 6 § 1 of the Convention.   Procedure   Mr Meftah’s application was lodged with the European Commission of Human Rights on 10   July 1996 and transferred to the Court on 1 November 1998. It was declared partly admissible on 23 November 1999. A judgment was delivered by the Third Section on 26 April 2001.   Mr Adoud’s application was lodged with the European Commission of Human Rights on 28   January 1997 and Mr Bosoni’s on 19 November 1996. The applications were transferred to the Court on 1 November 1998. They were joined and declared admissible on 12   September 2000. A judgment was delivered by the Third Section on 27 February 2001.   On 5 September 2001 a panel of five judges of the Grand Chamber granted the applications for the cases to be referred to the Grand Chamber and on 18 January 2002 the Grand Chamber ordered the joinder of the cases.   Composition of the Court   The cases will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Georg Ress (German), Antonio Pastor Ridruejo (Spanish), Giovanni Bonello (Maltese), Elisabeth Palm (Swedish), Loukis Loucaides (Cypriot), Jerzy Makarczyk (Polish), Peer Lorenzen (Danish), John Hedigan (Irish), András Baka (Hungarian), Rait Maruste (Estonian), Egil Levits (Latvian) Snejana Botoucharova (Bulgarian), Anatoly Kovler (Russian), Vladimiro Zagrebelsky (Italian), judges , Lucius Caflisch [1] (Swiss), Boštjan Zupančič (Slovenian), Volodymyr Butkevych (Ukrainian), substitute judges ,   and also Paul Mahoney , Registrar .   Representatives of the parties   Government:   Ronny Abraham , Agent , Bruno Cotte , Michèle Dubrocard , Olivia Wingert ,   Counsel ;   Applicant:   Yannick Rio , Counsel to Mr Adoud and Mr Bosoni .   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. [1] .     Judge elected in respect of Liechtenstein.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;HEARINGS;ENG
- Date
- 27 février 2002
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-507115-508479
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- Texte intégral
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