CEDH · PRESS;GENERAL;ENG — 9 février 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 } .sCC843BA8 { width:25.33pt; display:inline-block } .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 } .s51CD1309 { width:11.98pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sB70F9E4 { width:1.1pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .sBF92C200 { width:29.99pt; display:inline-block } .sC4CED65A { width:12.24pt; display:inline-block } .sBE975F9 { width:33.32pt; display:inline-block } .s3FAF973C { width:22pt; display:inline-block } .s10A1E69F { margin-top:0pt; margin-left:36pt; margin-bottom:0pt; text-indent:36pt } .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     103   9.2.2000   Press release issued by the Registrar   HEARINGS IN THE CASES OF:     McELHINNEY v. IRELAND AND THE UNITED KINGDOM, AL-ADSANI v. THE UNITED KINGDOM and FOGARTY v. THE UNITED KINGDOM   Wednesday, 9 February 2000, at 9.00 a.m.     1)   McELHINNEY v. IRELAND AND THE UNITED KINGDOM   The applicant   The case concerns an application brought by a Irish national, John McElhinney, who was born in 1944 and lives in Greencastle, County Donegal. He is a Garda (policeman).   Summary of the facts   The applicant was allegedly assaulted by a British soldier in the Republic of Ireland. He sued the soldier and the British Government for damages in Ireland but the courts applied the doctrine of sovereign immunity in relation to the Government.   Complaints   The applicant complains of a violation of Articles 5 (right to liberty and security), 6 § 1 (right of access to a court) and 13 (right to an effective remedy) of the European Convention on Human Rights. He also complains of discrimination, invoking Article 14 of the Convention, because the British courts would not have applied the same doctrine in an action for assault committed by an Irish soldier in the United Kingdom.   Procedure   The application was lodged with the European Commission of Human Rights on 16   April 1996.   On 1 November 1998, by operation of Article 5 § 2 of Protocol No. 11 to the Convention, the case fell to be examined by the Court in accordance with the provisions of that Protocol. The President of the Court assigned the case to the Third Section.   On 31 August 1999, the Third Section decided to relinquish jurisdiction in favour of the Grand Chamber in accordance with Article 30 of the Convention and Rule 72 §   1 of the Rules of Court. Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Elisabeth Palm (Swedish), Christos Rozakis (Greek), Nicolas Bratza (British), Matti Pellonpää (Finnish), Luigi Ferrari Bravo [1] (Italian), Gaukur Jörundsson (Icelandic), Georg Ress (German), Lucius Caflisch [2] (Swiss), Loukis Loucaides (Cypriot), Ireneu Cabral Barreto (Portuguese), Karel Jungwiert (Czech), Boštjan Zupančič (Slovenian), Margarita Tsatsa-Nikolovska (FYROMacedonia), Tudor Panţîru (Moldovan), Egils Levits (Latvian), Judges , Nicolas Kearns (Irish), ad hoc Judge , Anatoly Kovler (Russian), Nina Vajić (Croatian), Jean-Paul Costa (French), Substitute Judges ,   and also Paul Mahoney , Deputy Registrar .   Representatives of the parties   Government of Ireland:   Raphael Siev , Agent ,         Paul Gallagher , Counsel ,         Diarmaid Rossa Phelan , Counsel ,         Richard Barrett , Office of the Attorney General;   United Kingdom Government:       Susan McCrory , Acting Agent ,         David Lloyd Jones , QC, Counsel ,         David Anderson , QC, Counsel ,         Oswyn Paulin , Crown Solicitor's Office,         Joanne Foakes , Foreign and Commonwealth Office.   Applicant:         Michael Forde , Senior Counsel ,         Conleth Bradley , Junior Counsel ,         Anne O'Sullivan , Solicitor ,         Stephen Groarke , Adviser .       2)   AL-ADSANI v. THE UNITED KINGDOM   The applicant   The case concerns an application brought by Sulaiman Al-Adsani, who has dual British and Kuwaiti nationality. He was born in 1961 and lives in London. He is a pilot.   Summary of the facts   Mr Al-Adsani was tortured in Kuwait, as a result of which, he was left with burns to 25% of his body. He brought proceedings in the English courts against, among others, the Kuwaiti Government, claiming that they were partly responsible for his torture. While leave was given to serve proceedings on the Government of Kuwait, the Court of Appeal subsequently held that the State Immunity Act 1978 meant that he could not pursue a claim against the Government of Kuwait.   Complaint   The applicant complains of a violation of his right of access to a court under Article 6 § 1 of the Convention. He also invokes Articles 3 and 13.   Procedure   The application was lodged with the European Commission of Human Rights on 3 April 1997.   On 1 November 1998, by operation of Article 5 § 2 of Protocol No. 11 to the Convention, the case fell to be examined by the Court in accordance with the provisions of that Protocol. The President of the Court assigned the case to the Third Section.   On 19 October 1999, the Third Section decided to relinquish jurisdiction in favour of the Grand Chamber in accordance with Article 30 of the Convention and Rule 72 §   1 of the Rules of Court.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Elisabeth Palm (Swedish), Christos Rozakis (Greek), Nicolas Bratza (British), Matti Pellonpää (Finnish), Luigi Ferrari Bravo [3] (Italian), Gaukur Jörundsson (Icelandic), Georg Ress (German), Lucius Caflisch [4] (Swiss), Loukis Loucaides (Cypriot), Ireneu Cabral Barreto (Portuguese), Karel Jungwiert (Czech), Boštjan Zupančič (Slovenian), Margarita Tsatsa-Nikolovska (FYROMacedonia), Tudor Panţîru (Moldovan), Egils Levits (Latvian), Anatoly Kovler (Russian), Judges , Nina Vajić (Croatian), Jean-Paul Costa (French), Substitute Judges ,   Representatives of the parties   Government:     Susan McCrory , Acting Agent ,   David Lloyd Jones , QC, Counsel ,   David Anderson , QC, Counsel ,   Oswyn Paulin , Crown Solicitor's Office,   Joanne Foakes , Foreign and Commonwealth Office   Applicant:     John McDonald , QC, Counsel ,   Owen Davies , QC, Counsel ,   Geoffrey Bindman , Solicitor ,   Clive Romain , Solicitor .   Sulaiman Al-Adsani will also attend the hearing.     3)   FOGARTY v. THE UNITED KINGDOM   The applicant   The case concerns an application brought by a Irish national, Mary Fogarty, who was born in 1959 and lives in London.   Summary of the facts   The applicant used to work in a secretarial post in the United States Embassy in London. She sought to bring proceedings against her employer, the United States, under the Sex Discrimination Act 1975. Her attempt to bring proceedings was frustrated by the principle of State immunity imposed in the United Kingdom by the State Immunity Act 1978. This Act grants immunity from suit to the United States Government in relation to anyone employed in their embassy seeking to bring proceedings concerning their contract of employment.   Complaints   The applicant complains, under Articles 6 § 1 and 14 of the Convention, of lack of access to a court and discrimination.   Procedure   The application was lodged with the European Commission of Human Rights on 8 July 1997.   On 1 November 1998, by operation of Article 5 § 2 of Protocol No. 11 to the Convention, the case fell to be examined by the Court in accordance with the provisions of that Protocol. The President of the Court assigned the case to the Third Section.   On 19 October 1999, the Third Section decided to relinquish jurisdiction in favour of the Grand Chamber in accordance with Article 30 of the Convention and Rule 72 §   1 of the Rules of Court.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Elisabeth Palm (Swedish), Christos Rozakis (Greek), Nicolas Bratza (British), Matti Pellonpää (Finnish), Luigi Ferrari Bravo [5] (Italian), Gaukur Jörundsson (Icelandic), Georg Ress (German), Lucius Caflisch [6] (Swiss), Loukis Loucaides (Cypriot), Ireneu Cabral Barreto (Portuguese), Karel Jungwiert (Czech), Boštjan Zupančič (Slovenian), Margarita Tsatsa-Nikolovska (FYROMacedonia), Tudor Panţîru (Moldovan), Egils Levits (Latvian), Anatoly Kovler (Russian), Judges , Nina Vajić (Croatian), Jean-Paul Costa (French), Substitute Judges ,   and also Paul Mahoney , Deputy Registrar .   Representatives of the parties   Government:   Susan McCrory , Acting Agent ,   David Lloyd Jones , QC, Counsel,   David Anderson , QC, Counsel ,   Oswyn Paulin , Crown Solicitor's Office,   Joanne Foakes , Foreign and Commonwealth Office   Applicant:   Ben Emmerson , Counsel , Andrew Clapham , Counsel , Rodri Thompson , Counsel, Dianne Luping , Solicitor .   Mary Fogarty 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] Elected as the judge in respect of San Marino. [2] Elected as the judge in respect of Liechtenstein. [3] Elected as the judge in respect of San Marino. [4] Elected as the judge in respect of Liechtenstein. [5] Elected as the judge in respect of San Marino. [6] Elected as the judge in respect of Liechtenstein.