CEDH · PRESS;GENERAL;ENG — 6 février 2003

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s32AFAD20 { width:26.35pt; text-indent:0pt; display:inline-block } .sB853CD26 { font-family:Arial; font-size:8pt } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     069   6.2.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASES OF YELENA and IRINA SMIRNOVA v. RUSSIA   Thursday 6 February 2003 at 9.30 a.m.   The applicants   The case concerns applications (nos. 46133/99 & 48183/99) brought by two Russian nationals, Yelena Pavlovna Smirnova and Irina Pavlovna Smirnova, who are twin sisters born in 1967 and living in Moscow.   Summary of the facts   On 5 February 1993 criminal proceedings were brought against them on suspicion of having defrauded a Moscow bank by obtaining a loan on false pretences. Yelena Smirnova’s internal passport was taken away from her when she was arrested on 26 August 1995. On 9 January 2002 Yelena Smirnova and Irina Smirnova were convicted of large-scale fraud and sentenced to eight years’ and six years’ imprisonment respectively, and to confiscation of their property. They were both remanded in custody four times during the criminal investigations; Yelena Smirnova for a total period of four years and 24 days, and Irina Smirnova for a total period of 15 months and 15 days. On 9 April 2002 Moscow City Court set aside their conviction and discharged them from serving their sentence because the time-limit for establishing their criminal liability had expired.   Overall, the proceedings against Yelena Smirnova and Irina Smirnova lasted nine years, two months and four days and seven years, five months and 23 days respectively.   In 1996 Yelena Smirnova submitted her case to the United Nations Human Rights Committee, which declared it admissible on 20 March 1998.   Complaints   Yelena Smirnova and Irina Smirnova complain, under Article 5 § 3 (right to bail pending trial) of the European Convention on Human Rights that their repeated detention on remand was unjustified and unlawful. They also rely on Article 6 § 1 (right to a fair trial within a reasonable time).   Yelena Smirnova complains, in particular under Article 8 (right to respect for private life), that the seizure of her internal passport prevented her from leading a normal life because it was necessary for, among other things, marrying, obtaining free medical care, being employed, voting, becoming a member of an association, obtaining notarial deeds, receiving registered mail, signing contracts, applying to an educational institution or participating in civil court hearings. Procedure   The first application was lodged with the European Court of Human Rights on 9 November 1998. The second application was lodged with the European Commission of Human Rights on 31 October 1998 and transmitted to the Court on 1 November 1998. Both applications were declared admissible on 3 October 2002.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Georg Ress (German), President , Ireneu Cabral Barreto (Portuguese), Riza Türmen (Turkish), Boštjan Zupančič (Slovenian), Margarita Tsatsa-Nikolovska (Macedonian), Kristaq Traja (Albanian), Anatoli Kovler (Russian), judges , Pranas Kūris (Lithuanian), John Hedigan (Irish), Hanne Sophie Greve (Norwegian), substitute judges , and also Vincent Berger , Section Registrar .   Representatives of the parties   Government:   Pavel Laptev , Representative of the Russian Federation before the   Court , Yuri Berestnev , Robert Tsivilev , Counsel , Oleg Ankudinov , Ekaterina Kryuchkova , Stanislav Razumov , Vasiliy Vlasihin, Advisers;   Applicants:   Lilyane Anstett-Gardea , Counsel . Annabelle Mace, Adviser.   The applicants, Ms Yelena Smirnova and Ms Irina Smirnova, 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: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (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.