CEDH · PRESS;GENERAL;ENG — 17 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 } .s653851D { width:375.65pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s72F8249F { font-family:Arial; display:none } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .s5752D6FA { font-family:Arial; font-weight:bold; font-variant:small-caps } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s944BDE53 { margin-top:0pt; margin-bottom:0pt; text-indent:36pt } EUROPEAN COURT OF HUMAN RIGHTS     814   17.12.1998   Press release issued by the Registrar   HEARING IN THE CASE OF NIKOLOVA v. BULGARIA   Thursday 17 December 1998 at 3 p.m.     The applicant     The applicant, Ms Ivanka Nikolova, is a Bulgarian national who was born in 1943 and lives in Plovdiv (application no. 31195/96).   Summary of the facts     The applicant was suspected of having misappropriated funds while working as a cashier and accountant at a State owned enterprise.   In October 1995 she was arrested and brought before an investigator who decided to detain her on remand. This decision was confirmed by a prosecutor.   In November 1995 the applicant appealed against her detention to the competent court.   She advanced arguments which in her view demonstrated that there was no danger of her absconding, committing crimes or obstructing justice, and also requested to be released on medical grounds. The court examined the case in camera, after having received the prosecutor’s comments.   The court dismissed the appeal noting that the applicant was charged with a serious wilful crime and that the medical evidence was out of date.   Complaints     The applicant complains that following her arrest she was not brought “before a judge or other officer authorised by law to exercise judicial power” within the meaning of Article 5 § 3 of the Convention as interpreted in the Court’s case-law.   She also complains under Article 5 § 4 of the Convention that the judicial proceedings concerning her appeal against detention were not adversarial and that the scope of the judicial control of lawfulness was limited.   Procedure     The application was introduced with the European Commission of Human Rights on 6 February 1996 and was registered on 26 April 1996.   Having found the application partly admissible, the Commission adopted its Report on 20 May 1998 in which it expressed the unanimous opinion that there had been violations of Article   5 §§ 3 and 4 of the Convention. The Commission referred the case to the Court. Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the case was 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 case will be heard by the Grand Chamber composed as follows:     Luzius Wildhaber   ( Swiss ) , Presiden t , Elisabeth Palm   ( Swedish ), Vice-President , Antonio Pastor R idruejo   ( Spanish ) , Giovanni Bonello   ( Maltese ) , Jerzy M akarczyk   ( Polish ) , Pranas K ūris   ( Lithuanian ) , Riza T ürmen   ( Turkish ) , Jean-Paul C osta   ( French ) , Viera S trážnická   ( Slovak ) , Peer L orenzen   ( Danish ) , Marc F ischbach   ( Luxemburger ) , Volodymyr B utkevych   ( Ukrainian ) , Josep C asadevall   ( Andorran ) , Hanne Sophie G reve   ( Norwegian ) , András Baka   ( Hungarian ) , Rait Maruste   ( Estonian ) , Snejana Botoucharova   ( Bulgarian ) , Judges , Boštjan Z upančič   (Slovenian), Luigi F errari B ravo   (San Marino), Françoise T ulkens   (Belgian), Substitute Judges ,   and also M ichele de S alvia , Registrar .   Representatives of the parties   Government:   Ms V. Djidjeva , Co-Agent;   Applicant:   Mr M. Ekimdjiev , Counsel , and Mr Y. Grozev , Adviser .   The European Commission of Human Rights will be represented by Mai Hion .     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