CEDH · PRESS;GENERAL;ENG — 5 mars 2002

.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 } .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 } .sA087DB47 { width:19.3pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } 05.03 EUROPEAN COURT OF HUMAN RIGHTS     118   5.3.2002   Press release issued by the Registrar   HEARING ON ADMISSIBILITY AND THE MERITS IN THE CASE OF A. v. THE UNITED KINGDOM   Tuesday 5 March 2002 at 2.30 p.m.   The applicant   A. is a United Kingdom national, born in 1971, who lives in Bristol. She is a young black woman with two children.   Summary of the facts   During a parliamentary debate on municipal housing policy in July 1996, A.’s Member of Parliament (“MP”) named her, stated that her brother was in prison, gave her precise address and made derogatory remarks about the behaviour of both her and her children. He mentioned verbal abuse, truancy, vandalism and drug activity and called the family the “neighbours from hell”, a phrase which was subsequently quoted in local and national newspapers.   A. states that none of the allegations referred to by her MP had ever been substantiated or upheld by the investigating authorities and that many of them came from neighbours motivated by racism and spite. Following the MP’s speech and the ensuing adverse publicity, she received racist hate-mail. The responsible housing association was advised that she and her children should be moved as a matter of urgency three weeks after the speech was given. They were eventually re-housed in October 1996 and the children were obliged to change schools.   The MP’s statement was protected by absolute parliamentary privilege under Article 9 of the Bill of Rights 1689. The press reports, to the extent that they reported the parliamentary debate, were protected by qualified privilege. This privilege requires the reports to be fair and accurate and is only lost if they are published for improper motives or with “reckless indifference” to the truth.   Complaints   A. complains, under Article 6 § 1 of the European Convention on Human Rights (right to a fair hearing), that, given the absolute nature of parliamentary privilege, she was denied access to a court to defend her reputation and that legal aid was not available for defamation proceedings. She also relies on Article 8 of the Convention (right to respect for private life), Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination) in that she was disadvantaged, compared to a person about whom equivalent statements had been made in an unprivileged context.   Procedure   The application was lodged with the European Commission of Human Rights on 13 January 1997 and transmitted to the Court on 1 November 1998.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , Nicolas Bratza (British), András Baka (Hungarian), Gaukur Jörundsson (Icelandic), Loukis Loucaides (Cypriot), Corneliu Bîrsan (Romanian), Mindia Ugrekhelidze (Georgian), judges , Karel Jungwiert (Czech), Volodymyr Butkevych (Ukrainian), Wilhelmina Thomassen (Dutch), Antonella Mularoni (San Marinese), substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government:   Christopher Whomersley , Agent , Ben Emmerson QC, Counsel ,     Charles Bird , Eve Samson , John Vaux , Nicola Pittam , John Grainger , Advisers ;   Applicant:   Andrew Nicol QC, Counsel , Anthony Hudson , Geraldine Ismail , Solicitors.   ***   After the hearing the Court will begin its deliberations, which are held in private. The decision on admissibility 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.