CEDH · PRESS;GENERAL;ENG — 25 juin 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 } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD086E7B5 { margin-top:0pt; margin-left:70.9pt; margin-bottom:0pt; text-indent:-70.9pt } .sB54F21D0 { width:1.54pt; text-indent:0pt; 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     329   25.6.2002   Press release issued by the Registrar   CHAMBER HEARING ON THE ADMISSIBILITY AND MERITS IN THE CASE OF ERNST AND OTHERS v. BELGIUM   Tuesday 25 June 2002 at 2.30 p.m.   The applicants   The applicants are four Belgian journalists, a non-profit-making organisation, the Le Soir Professional Journalists Society ( La Société des Journalistes professionnels du Soir ), and a professional association, The General Association of Professional Journalists in Belgium ( L’association générale des Journalistes professionnels de Belgique ). Martine Ernst is a journalist employed by the French-speaking community service of Belgian Radio and Television ( RTBF ), Alain Guillaume and René Haquin are journalists on the daily newspaper Le Soir and Philippe Brewaeys is a journalist on the weekly newspaper Le Soir Illustré .   Summary of the facts     On 23 June 1995, on the instructions of the investigating judge in charge of the case, the Serious Crime Squad ( brigade spéciale chargée de la répression de la grande criminalité ) carried out searches at the newsdesks of two newspapers, RTBF ’s head office and the homes of the four journalists concerned. The background to these measures was that “leaks” in very sensitive criminal cases had prompted proceedings against members of State Counsel’s Office at the Liège Court of Appeal on a charge of breach of professional confidence.   On 20 September 1995 the applicants lodged a complaint with the investigating judge of the Brussels Court of First Instance against a person or persons unknown, together with an application to join the related proceedings as civil parties. They complained in particular that they had not been given relevant information about the reasons for the measures ordered by the judge or about their aims and scope, and asserted that the searches of 23 June 1995 had infringed the principle of protecting the anonymity of journalists’ sources of information, contrary to Article 10 of the Convention, and the right to respect for their homes and private lives.   In a judgment of 1 April 1996 the Court of Cassation held that the applicants’ application to join the proceedings as civil parties was inadmissible since it was directed against a member of the State Legal Service who was protected by judicial privilege and that therefore no criminal proceedings had been instituted. It noted too that State Counsel at the Brussels Court of Appeal, who was the only person empowered to bring a prosecution, had not done so. On 26 April 1996 State Counsel at the Brussels Court of Appeal informed the applicants that the proceedings had been discontinued.   In the meantime, on 21 November 1995, the applicants had brought an action in the civil courts seeking damages for the injury caused to them by the searches and seizures in issue. Those proceedings are still pending.   Complaints   Relying on Article 6 of the European Convention on Human Rights (right to a fair hearing), the applicants complain that the Court of Cassation’s interpretation of judicial privilege led to a denial of justice and deprived them of the possibility of submitting their civil claim to a court capable of dealing with all the issues it raised, both factual and legal. They further complain of various breaches of Article 6 in those proceedings: numerous items of documentary evidence were not placed in the case file and others were not communicated to them, and they did not have a public hearing. Relying on Article 10 (freedom of expression), they assert that the searches and seizures carried out on their premises constituted an interference with the exercise of their freedom of expression. They also submit under Article   8 (right to respect for private and family life) that these searches and seizures infringed their right to respect for their homes and private lives. The applicants also invoke Article 14 (prohibition on discrimination) taken together with Article 6, asserting that they were victims of unjustifiable discrimination compared to any citizen lodging a complaint against a person other than an officer of the State Legal Service. Lastly, they complain of a violation of Article 13 (right to an effective remedy).   Procedure   The application was lodged with the European Commission of Human Rights on 27   September 1996.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , András Baka (Hungarian), Loukis Loucaides (Cypriot), Corneliu Bîrsan (Romanian), Volodymyr Butkevych (Ukrainian), Antonella Mularoni (San Marinese), judges , Paul Lemmens (Belgian), ad hoc judge , Gaukur Jörundsson (Icelandic), Mindia Ugrekhelidze (Georgian), substitute judges ,   and also Sally Dollé , Section Registrar .   Representatives of the parties   Government:   Claude Debrulle , Agent , Thierry Ongenae , Counsel ,   Applicants:   Georges-Henri Beauthier and Philippe Grollet , Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private. A 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.