CEDH · PRESS;HEARINGS;ENG — 16 mai 2000

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SLOVENIA   Tuesday 16 May 2000, at 9.30 a.m.     The applicant   The case concerns an application brought by a German national, Ernst Rehbock, who was born in 1959 and lives in Landshut (Germany).   Summary of the facts   On 8 September 1995 the applicant was arrested by the Slovenian police in Dolič. The circumstances of the arrest in the course of which the applicant suffered injuries are a matter of dispute between the parties. A doctor examined the applicant on 9   September 1995 and diagnosed a double fracture of the jaw and facial contusions. The applicant refused to undergo surgery.   The applicant was accused of drug dealing and smuggling. He was detained on remand. His request for release on 3 October 1995 was dismissed on 26 October 1995. The applicant contends that during his detention in Slovenia he was subjected to inhuman and degrading treatment in that, in particular, he was not provided with adequate medical care, and also that all his correspondence was monitored.   On 29 April 1996 the Maribor Higher Court upheld the first instance judgment convicting the applicant of drugs related offences and sentenced him to 17 months’ imprisonment.   Complaints   The applicant complains that the treatment to which he was subjected during his apprehension and subsequent detention in Slovenia was in violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, that he was not able to take proceedings by which the lawfulness of his detention could be decided speedily as required by Article 5 § 4 of the Convention and that his right to compensation in this respect as guaranteed by Article 5 § 5 was breached. The applicant also alleges a violation of Article 8 in that his correspondence was interfered with while he was deprived of liberty in Slovenia.   Procedure   The application was lodged with the European Commission of Human Rights on 17   September 1995. Having declared the application partly admissible, the Commission adopted a report on 23 April 1999 in which it expressed the unanimous opinion that there had been a violation of Article 3 of the Convention. The Commission further found, by 24 votes to 3, that there had been a violation of Article 5 § 4, in that the applicant had not been able to have the lawfulness of his detention reviewed speedily by a court. It also expressed the unanimous opinion that there had been a violation of the applicant’s right to compensation under Article 5 § 5 and unanimously concluded that there had been a violation of Article 8 as a result of the screening of the applicant’s correspondence with the Commission, but that there had been no violation of Article   8 as regards the screening of his other correspondence. On 11 September 1999 the Commission decided to bring the application before the Court.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Elisabeth Palm (Swedish), President , Luigi Ferrari Bravo [1] (Italian), Gaukur Jörundsson (Icelandic), Riza Türmen (Turkish), Boštjan Zupančič (Slovenian), Tudor Panţîru (Moldovan), Rait Maruste (Estonian), Judges , Wilhelmina Thomassen (Dutch), Josep Casadevall (Andorran), Substitute Judges ,   and also Michael O’Boyle, Section Registrar .   Representatives of the parties   Government:   Lucijan Bembič , Agent ,   Marija Remic , Co-Agent,   Milena Šmit ,   Adviser,   Mihael Granda, Adviser,   Applicant:   Franz X. Brem , Counsel.   Mr Rehbock, the applicant, 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.