CEDH · PRESS;GENERAL;ENG — 17 septembre 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 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .sFE832CA2 { margin-top:0pt; margin-left:18pt; margin-bottom:0pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s67E1C77F { width:10.37pt; text-indent:0pt; display:inline-block } .sE926D4E4 { width:22.95pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s9224DEB6 { width:12.36pt; text-indent:0pt; display:inline-block } .sD3D1773B { width:35.45pt; text-indent:0pt; display:inline-block } .s428644B5 { width:1.79pt; text-indent:0pt; display:inline-block } .s8489DF0A { width:9.15pt; text-indent:0pt; display:inline-block } .sD90C4699 { width:13.69pt; text-indent:0pt; display:inline-block } .s8F7318B7 { width:21.3pt; text-indent:0pt; display:inline-block } .s8FB79571 { width:14.15pt; text-indent:0pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     434   17.9.2002   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASES OF O., HAMMERN AND RINGVOLD v. NORWAY AND ON ADMISSIBILITY AND THE MERITS IN THE CASE OF Y. v. NORWAY   Tuesday 17 September 2002 at 2.30 p.m.     The applicants   The cases concern applications (nos. 29327/95, 30287/96, 34964/97 & 56568/00) brought by four Norwegian nationals. The first three applicants were acquitted of sexual abuse of minors after a jury had answered all the questions put to it in the negative. The fourth applicant was acquitted, on appeal, of violent sexual assault and manslaughter, again after a jury had answered all the questions put to it in the negative.   Following their acquittal, the applicants in O. and Hammern brought compensation claims for damage sustained as a result of the criminal proceedings. In Ringvold and Y. the victim and the victim’s parents lodged civil compensation claims against the applicants.     Summary of the facts   O. is a Norwegian citizen, born in 1955 and living in Norway. He and his father were charged with having sexually abused, respectively, from 1985 and 1989 and 1988 to 1991, the applicant's daughter, L., born on 18 October 1981. The applicant was acquitted in June 1994 by Eidsivating High Court ( lagmannsrett ).   On 29 August 1994, the applicant and his father filed for compensation under Articles 444 - 446 of the Code of Criminal Procedure. On 25 January 1995 the High Court rejected the applicant's claim.   Considering the case as a whole the High Court did not find it shown, on the balance of probabilities, that the applicant did not engage in immoral sexual behaviour towards his daughter.   Ulf Hammern , is a Norwegian citizen, born in 1949 and living in Bjugn, Norway. On 10 March 1992 the local police received reports that the applicant had sexually abused one or more children at Botngård kindergarten, where he worked as an assistant. On 13 March 1992 he was suspended from his post.   On 9 January 1993 the applicant was formally charged with having sexually abused 36 named children and an unknown number of children at the kindergarten. On 22 September 1993 he was formally charged with having sexually abused ten children at the kindergarten. He was acquitted by Frostating High Court on 31 January 1994.   The applicant filed for compensation and was awarded NOK 170,000. However, the Court rejected his claim for supplementary compensation under Article 444, it not having been shown probable that he did not perform the acts which were the basis of the charge.   Ivar Ringvold is a Norwegian citizen, born in 1965 and living in Oslo. On 24 June 1993 he was charged with the sexual abuse of a minor, G., born in December 1979, during the period from 1986 to 1990. At the time, G.’s father was cohabiting with the applicant’s mother. The alleged offences were said to have occurred in the applicant’s home when the child visited her father.   On 18 February 1994 Eidsivating High Court acquitted the applicant of the charges and rejected G.’s civil compensation claim for non-pecuniary damage. G. subsequently appealed to the Supreme Court which awarded her compensation, finding that, on a test of strong probability, she had been sexually abused by the applicant.     Y. is a Norwegian national, born in 1977. On 1 October 1997 he was charged with sexually assaulting his cousin Ms T. (aged 17) and, among other things, hitting her with a 23 kg stone and fracturing her cranium. Ms T. later died of the head injuries.   Karmsund District Court ( herredsrett ) convicted the applicant of the charges and sentenced him to 14 years’ imprisonment, and ordered him to pay NOK 100,000 in compensation to Ms T.’s parents. Gulating High Court acquitted the applicant but upheld the award of compensation to Ms T.’s parents.   All four applicants appealed unsuccessfully.     Complaints   The applicants all complain that decisions taken by the Norwegian courts concerning these compensation claims were based on reasoning which contained assumptions of criminal guilt despite their acquittal, in violation of Article 6 § 2 of the European Convention on Human Rights (presumption of innocence).     Procedure   The first three cases were lodged respectively on 11 October and 14 December 1995 and 5 December 1996 with the European Commission of Human Rights.   The applications were transmitted to the Court on 1 November 1998. Mr O’s application was declared admissible on 14 December 1999 and those of Mr Hammern and Mr Ringvold, on 11 September 2001.   The case Y. was lodged with the Court on 23 March 2000.           Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , Willi Fuhrmann (Austrian), Loukis Loucaides (Cypriot), Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Karel Jungwiert (Czech), Hanne Sophie Greve (Norwegian), judges , Kristaq Traja (Albanian), Mindia Ugrekhelidze (Georgian), substitute judges ,   and also Sally Dollé , Section Registrar .     Representatives of the parties   Government:     Henning Harborg , Agent; Frode Elgesem , Counsel;     Knut Kallerud , Elin Holmedal , Therese Steen, Advisers.   Applicants:   O. v. Norway     Arne Krokeide , Counsel ; Hammern v. Norway   Christian Wiig , Counsel ; Ringvold v. Norway   Sverre Næss , Counsel ; Y. v. Norway       Sigurd Klomsæt , Counsel , Ingrid Bergum , Adviser.   The applicant Mr Hammern will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment in the first three cases, and a decision on admissibility - and, if appropriate, a judgment - in the case of Y. v. Norway , 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.