CEDH · PRESS;GENERAL;ENG — 7 décembre 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 } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .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     696   7.12.99   Press release issued by the Registrar   HEARING IN THE CASE OF TIERCE, MARRA and GABRIELLI v. SAN MARINO   Tuesday, 7 December at 2.30 p.m.     The applicants   The case concerns an application (application no. 24954/94) brought by a French national, Jaen-Marc Tierce, who was born in 1950 and lives in San Marino, and applications brought by two Italian nationals, Roberto Marra and Paola Gabrielli. Mr Marra was born in 1961 and lives in Viserba. Ms   Gabrielli was born in 1950 and lives in Rimini.   Summary of the facts   On 7 May 1993 Mr Tierce was given a suspended prison sentence and ordered to pay a fine for fraud and misappropriation of seized property. The judicial investigation, the trial at first instance and the preparations for trial on appeal were all conducted by the same judge (the Commissario della Legge ). On appeal the applicant was not called to give evidence.   Mr Marra and Ms Gabrielli were prosecuted for illegal possession of drugs. By a judgment of 26 April 1993, Mr Marra was sentenced to seven months’ imprisonment and Ms Gabrielli was acquitted with the benefit of the doubt. They appealed. On 24 August 1993, after an appeal hearing at which neither applicant was heard, Mr Marra was sentenced to one year and two months’ imprisonment and Ms Gabrielli to ten months’ imprisonment.   Complaints   Relying on Article 6 § 1 of the European Convention on Human Rights, Mr Tierce complained that no public hearing was held before his appeal was dismissed. He further complained under Article 6 (right to a fair trial) that he had not been tried by an impartial tribunal, since the judge who had prepared the case for trial on appeal had previously conducted the judicial investigation and tried the case at first instance. Mr Marra and Ms   Gabrielli complained under Article 6 § 1 that there had been no public hearing at the appeal stage.   Procedure   The first application was lodged with the European Commission of Human Rights on 17 May 1994. Having declared it partly admissible, the Commission adopted a report on 23 April 1998 in which it expressed the opinion that there had been a violation of Article 6 § 1 as regards the right to an impartial tribunal (unanimously) and on account of the lack of a public hearing at the appeal stage (twenty-nine votes to one). It referred the case to the Court on 2   November 1998.   The second and third applications were lodged with the Commission on 9 February 1994. Having declared them admissible, the Commission adopted a report on 30 November 1998 in which it expressed the opinion that there had been a violation of Article 6 § 1 on account of the lack of a public hearing at the appeal stage (twenty-eight votes to one). It referred the case to the Court on 6 March 1999. The San Marino Government also brought the case before the Court on 9 March 1999.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Elisabeth Palm (Swedish), President , Josep Casadevall (Andorran), Luigi Ferrari Bravo [1] (Italian), Riza Türmen (Turkish), Boštjan Zupančič (Slovenian), Wilhelmina Thomassen (Dutch), Tudor Panţîru (Moldovan), Judges , Rait Maruste (Estonian), Substitute Judge ,   and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government:     Lucio Leopoldo Daniele , Agent , and Guido Ceccoli , Co-Agent ;   Applicants:     Alvaro Selva , Counsel .   Mr Tierce , Mr Marra and Ms Gabrielli 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)   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. [1] Judge elected in respect of San Marino.