CEDH · PRESS;GENERAL;ENG — 2 mars 1999

.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 } .s9EE41C78 { width:396.9pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .sACBC61AB { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } .s76CF415B { page-break-before:always; clear:both } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS     118   2.3.1999   Press release issued by the Registrar   HEARING IN THE CASE OF COËME AND OTHERS v. BELGIUM   Tuesday 2 March 1999 at 9 a.m.   The applicants     The case concerns five applications (application no. 32492/96) originally lodged by five Belgian nationals, namely: Guy Coëme, who was born in 1946 and lives at Waremme, a former member of the House of Representatives and former Minister; Jean-Louis Mazy, who was born in 1955 and lives at Waterloo, an economist; Jean-Louis Stalport, who was born in 1950 and was formerly the Director General of Belgian Radio and Television; Auguste Merry Hermanus, who was born in 1944 and lives in Brussels, a consultant; and Camille Javeau, who was born in 1943 and lives in Brussels, a psychologist.   Mr Stalport died on 7 May 1997. By a letter of 4 July 1997 the applicant’s heirs, namely his wife, born in 1951, and his two daughters, born in 1976 and 1979, all Belgian nationals, expressed their intention of pursuing the application.   Summary of the facts     The applications are directed against criminal proceedings which ended with the applicants’ conviction for misappropriation by the Court of Cassation, sitting as a court of trial and ruling at first and final instance. The Court of Cassation had jurisdiction to try the case on account of the fact that one of the applicants, Mr Coëme, was a government Minister at the time when the alleged offences were committed. Article 103 (formerly Article 90) of the Constitution provides: “The House of Representatives is empowered to indict Ministers and commit them for trial in the Court of Cassation, which shall have sole jurisdiction to try them.” On the basis of that provision the House of Representatives had decided to commit Mr   Coëme for trial in the Court of Cassation on 14 July 1994. The other applicants were summoned to stand trial before the Court of Cassation by the Principal Public Prosecutor’s Office there on account of the connection between the offences.   Complaints     The applicants complain of breaches of their right to a fair trial before an independent and impartial tribunal established by law to determine, within a reasonable time, criminal charges against them, their right to have their guilt established according to law and their right to have adequate time and facilities for the preparation of their defence, set forth in Article 6 of the European Convention on Human Rights. They also submit that the retrospective application of certain provisions of domestic law infringed their right under Article 7 of the Convention (“no punishment without law”). Mr Mazy, Mr Stalport, Mr   Hermanus and Mr Javeau further complain that they were directly summoned to stand trial in the Court of Cassation and that they were victims of discrimination contrary to Article   14 of the Convention, both vis-à-vis Mr Coëme and in relation to any other defendant.   Procedure     The applications were lodged with the European Commission of Human Rights on 23   July, 31 July, 1 August, 5 August and 8 August 1996. In accordance with Article 5 § 2 of Protocol No. 11 to the Convention, the case was transmitted to the new European Court of Human Rights on 1 November 1988, the date of that Protocol’s entry into force.   Composition of the Court     The case will be heard by a Chamber composed as follows:   Christos Rozakis   (Greek), President , Benedetto Conforti   (Italian), Françoise Tulkens   (Belgian), Peer Lorenzen   (Danish), Margarita Tsatsa-Nikolovska   (TFYROMacedonia), András Baka   (Hungarian), Egil Levits   (Latvian), Judges , Marc Fischbach   (Luxemburger), Giovanni Bonello   (Maltese), Viera Strásnicka   (Slovakian), Substitute judges ,   and also Erik Fribergh , Section Registrar .   Representatives of the parties   Government:   Jan Lathouwers , Agent, Francis Herbert, Fernand de Visscher , Counsel   Applicants:   For Mr Coëme: Pierre Lambert, Counsel, Marc Verdussen, Professor at the Catholic University of Louvain The applicant will attend the hearing.   For Mr Mazy: Olivier Klees, Counsel The applicant will attend the hearing.   For Mr Stalport: Jean Cruyplants, Robert de Baerdemaeker, Olivier Louppe, Counsel   The hearing will be attended by the three persons who are pursuing the application, namely Geneviève Stalport-Renard, Valérie Stalport and Fanny Stalport.   For Mr Hermanus: Nicole Cahen, Counsel The applicant will attend the hearing.   For Mr Javeau: Marie-Françoise Dubuffet , Philippe Erkes , Counsel The applicant will attend the hearing.     The hearing before the Court concerns the admissibility and merits of the applications. After the hearing the Court will begin its deliberations, which will be in private. The decision on the admissibility of the applications 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