CEDH · PRESS;GENERAL;ENG — 28 septembre 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 } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s98A7B623 { margin-top:0pt; margin-bottom:0pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s23A41E03 { width:36pt; display:inline-block } .sACBC61AB { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s1EDF3BA6 { font-family:Arial; font-size:8pt; font-weight:bold; vertical-align:super; color:#0069d6 } .s5E71CDDF { width:2.64pt; display:inline-block } .s87BE5810 { margin-top:0pt; margin-left:36pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } .s38DD6A04 { width:18.2pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .s37CDBE05 { margin-top:0pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .sCB27B9E { width:16.66pt; display:inline-block } .s8242CF8E { width:39.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     510   28.9.1999       Press release issued by the Registrar   HEARING IN THE CASE OF SILVA MOUTA v. PORTUGAL   Tuesday 28 September 1999, at 3 p.m.   IN CAMERA   The applicant     The case concerns an application (application no. 33290/96) lodged by a Portuguese national, João Manuel Salgueiro da Silva Mouta, who was born in 1961 and lives in Queluz (Portugal). He is the head of the marketing department of a trading company.   Summary of the facts     The applicant was prevented by his ex-wife from visiting his daughter M., in breach of an agreement reached at the time of their divorce. He sought custody of the child, which he obtained in 1994. M. lived with the applicant until 1995 when, he alleges, she was abducted by her mother. On appeal, the mother was granted custody whereas Mr   Salgueiro da Silva Mouta was granted access rights which, in his submission, he was unable to exercise. In its judgment the Lisbon Court of Appeal confirmed the order granting custody of M. to her mother, giving two reasons for doing so, namely the interests of the child and the fact that the applicant was a homosexual living with another person of the male sex.   Complaints     The applicant complained that he was the victim of both unjustified interference with his right to respect for his private and family life, guaranteed by Article 8 of the European Convention on Human Rights, and discrimination contrary to Article 14 of the Convention. He further complained, under Article 8, that he had been compelled by the Court of Appeal to hide from his daughter when visiting her the fact that he was a homosexual.   Procedure     The application was lodged with the European Commission of Human Rights on 12   February 1996.   The application has been before the Court since 1 November, under the provisions of Protocol No. 11, and was declared admissible on 1 December 1998.   The Court subsequently decided that the hearing would be held in camera (Rule   33   §   2 of the Rules of Court). Composition of the Court     The case will be heard by a Chamber composed as follows:   Matti Pellonpää (Finnish), President , Georg Ress (German), Antonio Pastor Ridruejo (Spanish), Lucius Caflisch [1] (Swiss), Jerzy Makarczyk (Polish), Ireneu Cabral Barreto (Portuguese), Nina Vajić (Croatian), Judges , Volodymyr Butkevych (Ukrainian), John Hedigan (Irish), Snejana Botoucharova (Bulgarian), Substitute Judge ,   and also Vincent Berger , Section Registrar .   Representatives of the parties   Government:   António Henriques Gaspar , Agent , Paulo Guerra , Adviser ;   Applicant:   Teresa Coutinho , Counsel,   Renato Gonçalves , Adviser .     Mr Salgueiro da Silva Mouta will also attend the hearing.     After the hearing the Court will begin its deliberations, which are held in private. Judgment 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) or   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 1959 in Strasbourg to deal with alleged violations of the 1950 European Convention on Human Rights.   On November 1 1998 a permanent Court was established, replacing the original two-tier system of a part-time Court and Commission.         [1] Judge elected in respect of Liechtenstein