CEDH · PRESS;HEARINGS;ENG — 9 décembre 1998

.s800EAC49 { font-size:12pt } .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 } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .s72F8249F { font-family:Arial; display:none } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sD35C6159 { width:1.54pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF9A986A5 { width:12.2pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS     796   9.12.1998   Press release issued by the Registrar   HEARING IN THE CASES OF   CABLE AND OTHERS v. THE UNITED KINGDOM and HOOD v. THE UNITED KINGDOM   Wednesday 9 December 1998 at 3 p.m.     The applicants     The cases concern applications (nos. 24436/94 and 27267/95) brought by 36 British nationals who were at the relevant time members of the British armed forces.   Summary of the facts     The applicants were all tried by court-martial prior to the entry into force of the Armed Forces Act 1996. Mr. Hood challenged his pre-trial detention by the army authorities in habeas corpus proceedings in the High Court.   Complaints     All applicants complain under Article 6 § 1 of the European Convention on Human Rights that the courts-martial were neither independent or impartial tribunals as a result of the connection of the officer who convened their courts-martial with the prosecution of their cases and with the members of the courts-martial themselves. Mr. Hood raises additional complaints under Article 5 which relate mainly to the independence and impartiality of his Commanding Officer in the context of the decision on his pre-trial detention. He further challenges the effectiveness of habeas corpus proceedings challenging that detention and the fairness of his court-martial proceedings given the limited legal aid available for both purposes.   Procedure     The applications were registered with the European Commission of Human Rights between 1994 and 1996. Having found the applications admissible, the Commission adopted Reports on 4 March 1998 (in the Cable and Others cases) and on 28 May 1998 (in the Hood case). The Commission expressed the unanimous opinion in all cases that there had been a violation of Article   6 § 1 and, in the Hood case, that there had also been a violation of Article 5 §§ 3 and 5. The Government referred all cases to the Court, accepting the findings of the Commission but seeking a ruling on the issue of compensation.   Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the cases were transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol, on 1 November 1998. The cases will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber   (Swiss), President , Elisabeth Palm   (Swedish), Vice-President , Lucius Caflisch   (Swiss), Pranas Kūri s   (Lithuanian), Jean-Paul Costa   (French), Willi Fuhrmann   (Austrian), Karel Jungwiert   (Czech), Marc Fischbach   (Luxemburger), Boštjan Zupančič   (Slovenian), Nina Vajić   (Croatian), John Hedigan   (Irish), Wilhelmina Thomassen   (Dutch), Margarita Tsatsa-Nikolovska   (FYROMacedonia), Tudor Pantiru   (Moldovan), Egils Levits   (Latvian), Kristaq Traja   (Albanian), Judges Sir John Freeland , ad hoc judge Luigi Ferrari Bravo   (Italian), Josep Casadevall   (Andorran), Hanne Sophie Greve   (Norwegian), Substitute Judges,     and also Michele de Salvia , Registrar and Paul Mahoney , Deputy Registrar .   Representatives of the parties   Government:   Mr. C. Whomersley , Agent , Mr. P. Havers QC, Counsel and Mr. J. Bentley , Adviser . Applicants:   Mr. J. Mackenzie , Counsel , Mr. G. Blades , Counsel , Ms. K. Duigan , Adviser .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Roderick Liddell Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91