CEDH · PRESS;GENERAL;ENG — 8 novembre 2000

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W. and KRENZ v. GERMANY   Wednesday 8 November 2000 at 9.00 a.m. The applicants   The cases concern applications lodged by four German nationals, Fritz Streletz, Heinz Kessler,   K.-H. W. and Egon Krenz, who live in Berlin. Mr Krenz is currently serving a semi-custodial sentence ( offener Strafvollzug ) at Plötzsee Prison, Berlin.   -   Mr Streletz, who was born in 1926, was a member of the National Defence Council ( Nationaler Verteidigungsrat ) from 1971 onwards and Deputy Defence Minister of the former German Democratic Republic (GDR) from 1979 to 1989; -   Mr Kessler, who was born in 1920, was the chief of staff of the NVA (the army of the GDR), a member of the National Defence Council from 1967 onwards and Defence Minister of the GDR from 1985 to 1989; -   Mr Krenz, who was born in 1937, was a member of the central committee of the Socialist Unity Party (SED) from 1973 onwards, of the Council of State ( Staatsrat ) from 1981 onwards and of the Politbüro and the National Defence Council from 1983 onwards; he was Secretary-General of the central committee of the SED (succeeding E. Honecker) and President of the Council of State and the GDR’s National Defence Council from October to December 1989; -   Mr W., who was born in 1952, was stationed as a GDR border guard on the border between the two German States.   Summary of the facts   After the reunification of Germany on 3 October 1990 the four applicants were convicted by the courts of the Federal Republic of Germany (FRG) in accordance with the relevant provisions of the GDR’s criminal law; their sentences were later adjusted to bring them into line with FRG law, whose provisions are more lenient.   Mr Streletz, Mr Kessler and Mr Krenz were sentenced to terms of imprisonment of five-and-a-half years, seven-and-a-half years and six-and-a-half years respectively for incitement to commit intentional homicide ( Totschlag in mittelbarer Täterschaft ), on the ground that through their participation in decisions of the GDR’s highest authorities, such as the National Defence Council or the Politbüro, concerning the regime for the policing of the GDR’s border ( Grenzregime ), they were responsible for the deaths of a number of people who had tried to flee the GDR across the border between 1971 and 1989.   Mr W. was sentenced to one year and ten months’ imprisonment, suspended, for intentional homicide ( Totschlag ), on the ground that by using his firearm he had caused the death of a person who had attempted to escape from the GDR across the border in 1972.   The applicants’ convictions were upheld by the Federal Court and declared by the Federal Constitutional Court to be compatible with the Constitution.   Complaints   The applicants maintain that at the time when they were committed their acts did not constitute offences under the law of the former GDR or international law, and that their convictions by the German courts accordingly constituted a violation of Article 7 § 1 (no punishment without law) of the European Convention on Human Rights. They further relied on Articles 1 (obligation to respect human rights) and 2 § 2 (right to life) of the Convention.   Procedure   The applications of Mr Streletz, Mr Kessler and Mr W. were lodged with the European Commission of Human Rights on 20 November 1996, 28 January 1997 and 5 May 1997 respectively. Mr Krenz’s application was lodged with the Court on 4 November 1998.   On 9 December 1999 a Chamber of the Fourth Section decided to relinquish jurisdiction over these four applications in favour of the Grand Chamber on account of the importance of the issues they raise under the Convention.   Composition of the Court   The cases will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President, Elisabeth Palm (Swedish), Christos Rozakis (Greek), Georg Ress (German), Jean-Paul Costa (French), Luigi Ferrari Bravo [1] (Italian), Lucius Caflisch [2] (Swiss), Loukis Loucaides (Cypriot), Ireneu Cabral Barreto (Portuguese), Karel Jungwiert (Czech), Nicolas Bratza (British), Boštjan Zupančič (Slovenian), Nina Vajić (Croatian), Matti Pellonpää (Finnish), Margarita Tsatsa-Nikolovska (FYROMacedonia), Egils Levits (Latvian), Anatoly Kovler (Russian), judges, Willi Fuhrmann (Austrian), John Hedigan (Irish), Kristaq Traja (Albanian), substitute judges ,   and also Michele de Salvia , Registrar .       Representatives of the parties   Government:       Klaus Stoltenberg , Agent; Karlheinz Stör, and Christian Tomuschat , Advisers ;   Applicants:       Piers Gardner and Friedrich Wolff , Hans-Peter Mildebrath,   Dirk Lammer and Robert Unger, Counsel .   Mr Streletz, Mr Kessler and Mr Krenz 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. [2] Judge elected in respect of Liechtenstein.