CEDH · PRESS;GENERAL;ENG — 12 octobre 2000

.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 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s7ED160F0 { text-decoration:none } .s48F8B750 { font-size:8pt; display:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sBF92C200 { width:29.99pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .s33D75D3F { width:10pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; 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     [No.]   12.10.2000   Press release issued by the Registrar   HEARING IN THE CASE OF CROKE v. Ireland   Thursday, 12 October 2000 at 9.30 a.m.   The applicant   The case concerns an application brought by an Irish national, Sean Croke, who was born in 1956 and lives in Dublin.   Summary of the facts   Mr Croke’s case concerns his involuntary detention from July 1994 to July 2000 in a psychiatric hospital. In July 1995 he successfully challenged the constitutionality of Section 172 of the Mental Health Act 1945, pursuant to which he had been detained. However, in July 1996, the Supreme Court overturned the decision.   Complaints and submissions   Mr Croke’s case raises issues mainly under Article 5 (right to liberty and security) of the European Convention on Human Rights. He complains about the absence of an automatic and independent review of his detention both immediately before or after his initial detention and periodically during his detention.   He submits that he has never had a review, either on his initial detention or thereafter, which provided judicial supervision of the lawfulness of his detention appropriate to the kind of deprivation of liberty in question in accordance with Article 5 § 4 of the Convention.   The Government maintain that the applicant’s detention was lawful and not arbitrary and that he has available to him two categories of proceedings which, either individually or collectively, satisfy the review requirements of Article 5 § 4.   Procedure   The application was lodged with the European Commission of Human Rights on 11 September 1996. The Commission communicated the case to the respondent Government on 3 December 1997.   The case was transmitted to the European Court of Human Rights on 1 November 1998 and   declared admissible on 15 June 1999.         Composition of the Court   [Note1] The case [Note2] will be heard by a Chamber of seven judges:   Georg Ress (German), President Antonio Pastor Ridruejo (Spanish), Lucius Caflisch [1] (Swiss), Ireneu Cabral Barreto (Portuguese), Volodymyr Butkevych (Ukrainian), Nina Vajić (Croatian), Matti Pellonpää (Finish), judges Jerzy Makarczyk (Polish), Snejana Botoucharova (Bulgarian), substitute judges   Vincent Berger , Section Registrar .     Representatives of the parties   Government:     Alpha Connelly , Agent;   Diarmuid McGuinness , Counsel;       Caroline Daly , Paul Howard , Advisers.   Applicant:     John Rogers , Padraig Dwyer, Counsel; Dara Robinson, Solicitor.   The applicant 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 Liechtenstein. [Note1]   For transitional-period cases. [Note2]   For applications after 1 November 1998.