CEDH · PRESS;HEARINGS;ENG — 18 janvier 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s44EC9D0F { width:404pt; display:inline-block } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s98A7B623 { margin-top:0pt; margin-bottom:0pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .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 } .s42A0AEC7 { margin-top:0pt; margin-bottom:0pt; text-align:justify; page-break-after:avoid; font-size:12pt } .s22B0DDE0 { width:58.24pt; display:inline-block } .s7BB7B72F { width:127.6pt; display:inline-block } .s586FB8E9 { width:11.53pt; display:inline-block } .s3964C3A3 { width:1.36pt; display:inline-block } .s8F6EDF25 { width:42.7pt; display:inline-block } European Court of Human Rights     24 18.1.2000     Press release issued by the Registrar   HEARING IN THE CASE OF EKIN ASSOCIATION v.   FRANCE   Tuesday, 18 January 2000 at 9 a.m.     The applicant   The case concerns an application lodged by an association named EKIN, based in Bayonne (France). The association’s president is Christiane Etchallus and its object is to preserve the culture and distinguishing features of the Basque people.   Summary of the facts   In 1987 the applicant association published in several languages and in a number of European countries a book entitled “Euskadi en Guerre” (Euskadi at War) which gave an account of the historical, cultural, linguistic and socio-political aspects of the Basques’ struggle.   On 29 April 1988 a ministerial decree, based on section 14 of the Law of 29 July 1881, as amended by the Decree of 6 May 1939, prohibited the circulation, distribution and sale of the book in France on the ground that it encouraged separatism, justified recourse to violence and might therefore endanger public order.   The applicant association lodged an appeal, which was implicitly rejected. It then appealed to the Pau Administrative Court, which ruled that it did not have jurisdiction and referred the case to the Conseil d’Etat . The Conseil d’Etat , in turn, remitted the case to the Pau Administrative Court, which dismissed the appeal on the grounds that the book was of foreign origin and might constitute a threat to public order.   The applicant association appealed against the above judgment to the Conseil d’Etat , which set it aside, together with the ministerial decree, on the ground that, in the absence of any legislative provision laying down the conditions under which prohibition decisions might lawfully be taken pursuant to section 14 of the law of 29 July 1881, the content of the publication was not, in the light of the interests entrusted to the Minister, particularly the protection of public safety and public order, of such a nature as to justify in law the seriousness of the interference with the freedom of the press constituted by the measure complained of. On the other hand, the Conseil d’Etat ruled that section 14 of the Law of 29   July 1881, as amended, was not in breach of Article 10 of the European Convention on Human Rights, taken together with Article 14 of the Convention.   Complaints   The applicant association complains that section 14 of the Law of 29 July 1881 establishes discrimination in relation to freedom of expression on the grounds of language or national origin and that it is incompatible with the provisions of Articles 10 (freedom of expression) and 14 (prohibition of discrimination) of the Convention taken together. It further relies on Article 6 § 1 of the Convention (right to a fair hearing), on account of the excessive length of the proceedings, and Article 13 (right to an effective remedy).   Procedure   The application was lodged with the European Commission of Human Rights on 3   January 1998. The case has been before the European Court of Human Rights since 1 November 1998.   Composition of the Cour   The case will be examined by a Chamber composed as follows:   Nicolas Bratza (British), President , Loukis Loucaides (Cypriot), Françoise Tulkens (Belgian), Willi Fuhrmann (Austrian), Karel Jungwiert (Czech), Kristaq Traja (Albanian), Judges , Guy Braibant (French), ad hoc Judge, Mindia Ugrekhelidze (Georgian), Substitute Judge ,   And also Sally Dollé, Section Registrar .   Representatives of the parties   Government:   Ronny Abraham, Agent ;   Pascale Olivier Triau, Pascal Girault,   Pierre Boussaroque and Françoise Chaponneaux , Counsel ;   Applicant association:   Didier Rouget , Counsel .   ***   The hearing before the Court concerns both the admissibility and the merits of the application. After the hearing the Court will begin its deliberations, which are held in private. The decision on the admissibility of the application 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 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Court and Commission.