CEDH · PRESS;GENERAL;ENG — 27 juin 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 } .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 } .sBE975F9 { width:33.32pt; display:inline-block } .sBF0BF550 { margin-top:0pt; margin-left:70.9pt; margin-bottom:0pt } .sC4CED65A { width:12.24pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS     471   27.6.2000   Press release issued by the Registrar   HEARING IN THE CASE OF GNAHORE v. FRANCE   Tuesday, 27 June 2000 at 2.30 p.m.     The applicant   The case concerns an application brought by Benjamin Gnahoré, a national of Côte d’Ivoire, who was born in 1952 and lives at Villeurbanne (France).   Summary of the facts   On 14 January 1992, the applicant took his third child, C., who was born in France in 1988, to the ophthalmic unit of the Herriot Hospital in Lyons. The child, whose eyes were bruised and who had a wound on his right forearm, a scratch on his abdomen and old scars on his face, was admitted to the hospital.   The Lyons Public Prosecutor's Office was informed of the child’s condition and the police began inquiries. By an order of 15 January 1992, the Principal Public Prosecutor's Office placed the child into the care of the Child-Welfare Office (ASE) for the Rhône département . The child was examined by a doctor on 16 January who concluded that the injuries may have resulted from ill-treatment.   On 17 January 1992, the applicant was charged with assault with intent by an ascendant on a child aged under fifteen. A discharge order was made on 26 May 1993 on the ground that there was insufficient evidence. The child remains in care.   Complaints   Relying on Article 8 (right to respect for family life) of the European Convention on Human Rights, Mr Gnahoré complained that his son, whom he was suspected of ill treating, had been placed in the care of a départemental child-welfare office, that the care order remained in force despite the discharge order of 26 May 1993 and of the tight restrictions on his right of access.   He also complained under Article 6 § 1 (right to a fair trial) that the legal-aid office at the Court of Cassation and the Senior President of that court had dismissed his application for legal aid finding that there were no reasonable grounds for appeal. The Government maintained that the applicant could have represented himself before the Court of Cassation and that his failure to do so meant that he had not exhausted domestic remedies.   Procedure   The application was lodged with the European Commission of Human Rights on 23 January 1997. The case was transferred to the Court on 1 November 1998 and declared admissible on 6 January 2000.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Willi Fuhrmann (Austrian), President , Jean-Paul Costa (French), Loukis Loucaides (Cypriot), Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Nicolas Bratza (British), Hanne Sophie Greve (Norwegian), judges , Kristaq Traja (Albanian), Mindia Ugrekhelidze (Georgian), substitute judges ,   and also Sally Dollé , Section Registrar .   Representatives of the parties   Government:   Ronny Abraham , Agent , Laurence Delahaye , José Chauvreau and Claire d’Urso, Counsel ,   Applicant:   Bernard Montpoint , Counsel .     Mr Gnahoré will 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.