CEDH · PRESS;GENERAL;ENG — 15 mars 1999

.s3ABFC313 { font-size:10pt } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .s29100277 { font-family:Arial; font-weight:bold } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .s85646119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s4B8D41EE { font-family:Arial; font-size:10pt } .s125C2327 { width:35.97pt; display:inline-block } .sEECDB582 { width:87.02pt; display:inline-block } .s5B629078 { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; font-size:12pt } .s5A472624 { width:70.35pt; text-indent:0pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS                         153                     15.3.1999     Press release issued by the Registrar of the European Court of Human Rights     Cases of T. and V. v. the United Kingdom referred to the European Court of Human Rights     Two cases concerning the circumstances surrounding the trial and imprisonment of two ten-year-old boys for the murder of a two-year-old have been referred to the European Court of Human Rights.     The cases of T. and V. v. the United Kingdom (application nos. 24724/94 and 24888/94) have been referred to the Court by the United Kingdom Government and by the European Commission of Human Rights under Article 5 § 4 of Protocol No. 11 to the European Convention on Human Rights. The Commission reports* in these cases, adopted on 4 December 1998, are today being made public.     The applicants, both British nationals born in 1982, abducted the young boy from a shopping precinct, battered him to death and left his body on a railway track. After a public trial in an adult court in 1993, they were sentenced to be detained during Her Majesty’s pleasure. The trial judge fixed their tariff (the compulsory part of their sentence) at eight years, subsequently increased to 15 years by the Home Secretary who had taken into consideration, among other things, “public concern” about the case. His decision was quashed by the domestic courts and no decision on the length of the tariff has been taken since.     The applicants claim their trial was unfair, and amounted to inhuman and degrading treatment. They complain about the nature of the sentences imposed, the role played by the Home Secretary in fixing the tariff and the unavailability of procedures to review the continuation of their detention. They also claim that they were discriminated against.     In its reports, the Commission expressed the opinion that the criminal procedures adopted prevented the boys from participating effectively in their trial, in violation of Article 6 (right to a fair trial) of the Convention. The involvement of the Home Secretary in fixing the tariff constituted a further violation of Article 6, as he was not “an independent and impartial tribunal”. The Commission also found a violation of the applicants’ right to a review of the lawfulness of the continuation of their imprisonment (Article 5   § 4).     However, the Commission considered that there had been no violation of Article 3 (prohibition of inhuman and degrading treatment or punishment) in relation to the trial and sentencing or of Article 5 § 1 (guarantee against arbitrary detention). The Commission also found that no separate issue arose in respect of the complaint that the boys had suffered discrimination under Article 14.     The cases will be examined by a panel of the Court’s Grand Chamber, which will decide whether they should be heard by a chamber of seven judges or by a Grand Chamber of 17 judges.   ***   * The reports are available from the Court’s Internet site: http://www.dhcour.coe.fr     Registry contacts:   Roderick Liddell: (0)0 (33)3 88 41 24 92 or:   Emma Hellyer: (0)0 (33)3 90 21 42 15   [email protected]     The European Court of Human Rights was set up in Strasbourg by the Council of Europe 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 the Court and the European Commission of Human Rights, which were both part-time. However, the Commission will continue to function until October 31 this year, to process cases declared admissible before the new system came into operation.