CEDH · PRESS;HEARINGS;ENG — 4 juin 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 } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s61E420C2 { font-family:Arial; font-variant:small-caps } .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 } .sBF401EEE { width:32.35pt; text-indent:0pt; display:inline-block } .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     297   4.6.2003   Press release issued by the Registrar   GRAND CHAMBER HEARING IN THE CASE OF AZINAS v. CYPRUS   4 June 2003 at 9 a.m.   The applicant   The case concerns an application (no. 56679/00) brought by a Cypriot national, Andreas Azinas, who was born in 1927 and lives in Nicosia (Cyprus).   Summary of the facts   Mr Azinas worked as Governor of the Department of Co-operative Development of the Public Service in Nicosia from the establishment of the Republic of Cyprus in 1960 until his dismissal in 1981. On 28 July 1982 the Public Service Commission instituted disciplinary proceedings against him and decided to dismiss him retrospectively due to the fact that on 8   April 1981 he had been found guilty by the District Court of Nicosia of theft, breach of trust and abuse of authority and sentenced to 18 months’ imprisonment. The Public Service Commission held that Mr Azinas had managed the department’s funds as if they were his private property. Under a statutory provision, his dismissal resulted in the forfeiture of his retirement benefits, including his pension, from the date of his conviction by the District Court. Mr   Azinas applied to the Supreme Court for judicial review of that decision.   On 12 June 1991 the Supreme Court upheld the Public Service Commission's decision, stating that it could review neither the severity of the penalty imposed by a disciplinary body (unless the latter had exceeded the limits of its margin of appreciation) nor the manner in which the body had assessed the facts of the case. It held that the Public Service Commission had merely determined the nature of the penalty, and that the loss of the retirement benefits was an automatic consequence of the particular penalty it had imposed. Mr Azinas appealed unsuccessfully.   Complaint   Mr Azinas complains that the forfeiture of his pension rights following his dismissal from the public service violated his right to the peaceful enjoyment of his possessions, as guaranteed by Article 1 (protection of property) of Protocol No.1 to the European Convention on Human Rights.   Procedure   The application was lodged with the European Court of Human Rights on 18 January 2000 and declared partly admissible on 19 June 2001.   In a Chamber judgment delivered on 20 June 2002 the Court held, by six votes to one, that there had been a violation of Article 1 of Protocol No. 1.   On 13 September 2002 the Government requested that the case be referred to the Grand Chamber under Article 43 of the Convention and on 6 November 2002 the panel of the Grand Chamber accepted that request.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Georg Ress (German), Giovanni Bonello (Maltese), Corneliu Bîrsan (Romanian) Peer Lorenzen (Danish) , Volodymyr Butkevych (Ukrainian) , Nina Vajić (Croatian) , Matti Pellonpää (Finnish) , Rait Maruste (Estonian) , Egil Levits (Latvian) , Snejana Botoucharova (Bulgarian) , Vladimiro Zagrebelsky (Italian) , Antonella Mularoni (San Marinese), Lech Garlicki (Polish) , judges , Demetrios H. Hadjihambis (Cypriot) , ad hoc judge , Marc Fischbach (Luxemburger) , Josep Casadevall (Andorran) , substitute judges , and also Paul Mahoney , Registrar .   Representatives of the parties   Government:   Nico Emiliou , Delegate of the Agent , Vaughan Lowe, Goodwin Gill, Claire Palley and Mary-Ann Stavrinides , Counsel ;   Applicant:   Christopher Greenwood, David Scorey, Achilleas Demetriades , Counsel and Leto Cariolou, Adviser .   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: +00 33 (0)3 88 41 24 92)   Joanna Reynell (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.