CEDH · PRESS;GENERAL;ENG — 30 mai 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 } .s85016119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:11pt } .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 } .sD35C6159 { width:1.54pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .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     390   30.5.2000   Press release issued by the Registrar   HEARING IN THE CASE OF LOPES GOMES DA SILVA v. PORTUGAL (APPLICATION No. 37698/97)   Tuesday 30 May 2000 at 9 a.m.     The applicant   The case concerns an application brought by a Portuguese national, Vicente Jorge Lopes Gomes da Silva, who was born in 1945 and lives in Lisbon (Portugal).   Summary of the facts   At the material time the applicant was the manager of the daily newspaper Público, one of the biggest selling papers in Portugal. In its edition of 10 June 1993 Público published an article saying that the People’s Party ( Partido Popular - CDS/PP ) had asked Mr Silva Resende, a lawyer and journalist, to stand as a candidate in the Lisbon municipal elections. On the same page the applicant published an editorial criticising the possibility of Mr Silva Resende standing and asserting in particular: “... a more grotesque and clownish candidate from the ideological point of view could not be found anywhere, or such an incredible mixture of reactionary coarseness, fascist bigotry and vulgar anti-Semitism…”. In the same edition of Público numerous extracts from Mr Silva Resende’s recent articles were published in which, among other things, he had praised the former president Salazar, the National Front and its leader Mr   Le Pen, described the then Prime Minister of France, Mr Laurent Fabius, as a “bald Jew” and attacked the Portuguese revolution of 25 April 1974.   Mr Silva Resende lodged a criminal complaint against the applicant, who was subsequently accused of defamation through the medium of the press ( abuso de liberdade de imprensa ), with the Lisbon prosecuting authorities, with an application to join the proceedings as assistente (an auxiliary of the Public Prosecutor’s Office). By a judgment of 15 May 1995 the Lisbon Criminal Court acquitted the applicant, but on appeal by Mr Silva Resende and the Public Prosecutor’s Office the Lisbon Court of Appeal ( Tribunal da Relação ) set aside the impugned decision in a judgment of 29 November 1995. The applicant was ordered to pay 150,000 Portuguese escudos (PTE) as a fine, PTE   250,000 to Mr   Silva Resende in damages, and the costs. Relying on Article 10 of the European Convention on Human Rights (freedom of expression), among other provisions, the applicant lodged a constitutional appeal with the Constitutional Court ( Tribunal Constitucional ), but this was dismissed by a judgment of 5   February 1997.   Complaint   The applicant complains that his conviction infringed his right to the freedom of expression, in breach of Article 10 of the European Convention on Human Rights.   Procedure   The application was lodged with the European Commission of Human Rights on 15   July   1997. Having been examined by the Court since 1 November 1998, the application was declared admissible on 13 January 2000.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Georg Ress (German), President , Antonio Pastor Ridruejo (Spanish), Lucius Caflisch [1] (Swiss), Jerzy Makarczyk (Polish), Ireneu Cabral Barreto (Portuguese), Nina Vajić (Croatian), Matti Pellonpää (Finnish), Judges , Volodymyr Butkevych (Ukrainian), John Hedigan (Irish), Snejana Botoucharova (Bulgarian), Substitute Judges ,   and also Vincent Berger , Section Registrar .   Representatives of the parties   Government:   António Henriques Gaspar , Agent ,   José Francisco de Faria Costa , Adviser ;   Applicant:   Francisco Teixeira da Mota , Counsel .   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.