CEDH · PRESS;GENERAL;ENG — 14 novembre 2003

.s3ABFC313 { font-size:10pt } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .s29100277 { font-family:Arial; font-weight:bold } .s9E7DF94A { margin-top:0pt; margin-bottom:0pt; text-align:right; font-size:12pt } .s85646119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:12pt } .sBB9EE52A { font-family:Arial } .s76CF415B { page-break-before:always; clear:both } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS   848 14.11.2001 Press release issued by the Registrar   HEARING IN THE CASE OF SLIVENKO AND OTHERS v. LATVIA   Wednesday 14 November 2001 at 9.00 a.m.     The case concerns an application brought by Tatjana Slivenko, born in 1959, her husband Nikolaj Slivenko, born in 1952, and their daughter, Karina Slivenko, born in 1981, who live in Kursk, Russia.   Summary of the facts   Mr Slivenko, a Soviet military officer, was transferred to Latvia in 1977 and in 1980 married Tatjana. After Latvia’s independence in 1991, Tatjana Slivenko’s parents, herself and her daughter were entered in the register of Latvian residents as "ex-USSR citizens". In 1994, Nikolaj Slivenko, who still held Russian citizenship, retired from the Russian army and applied for a temporary residence permit. The authorities refused, relying on the fact that families of Soviet military officers were required to leave Latvian territory following the withdrawal of Russian troops in 1994. The immigration authorities annulled the first and third applicants’ entry in the register of Latvian residents.   A deportation order was issued against the applicants and they were evicted from their flat. Tatjana Slivenko brought legal action in her own name and on behalf of Karina, but the domestic courts found they were part of Nikolaj Slivenko’s family and therefore required to leave the country. In 1999 she was informed that they had to leave the country immediately. They moved to Russia to join Nikolaj Slivenko, who had moved there in 1996, and have not been able to visit Tatjana Slivenko’s parents in Latvia since.   Complaints The applicants complain that, despite their long residence in Latvia, they were forced to leave the country and their home in Riga and separated from Tatjana Slivenko’s elderly and handicapped parents, who were permanent Latvian residents. They rely principally on Article 3 of Protocol No. 4 (prohibition of expulsion of nationals) of the European Convention on Human Rights. They also complain under Articles 3 (prohibition of degrading treatment), 5 (right to liberty and security), 6 (right to a fair hearing) and 8 (right to respect for family life) and Articles 1 (protection of property) and 2 (right to education) of Protocol No. 1 and Articles 2 (freedom of movement) and 4 (prohibition of collective expulsion of aliens) of Protocol No. 4.   Procedure The application was lodged with the European Court of Human Rights on 28 January 1999. On 23 April 2001 the Russian Federation stated their wish to intervene in the proceedings as a third party, in accordance with Article 36 § 1 of the Convention. On 14 June 2001 a Chamber of the Second Section decided to relinquish jurisdiction in favour of the Grand Chamber.   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), Elisabeth Palm , (Swedish), Jerzy Makarczyk (Polish), Françoise Tulkens (Belgian), Viera Strážnická (Slovakian), Peer Lorenzen (Danish), Margarita Tsatsa-Nikolovska (“the former Yugoslav Republic of Macedonia”), Hanne Sophie Greve (Norwegian), András Baka (Hungarian), Rait Maruste (Estonian), Kristaq Traja (Albanian), Snejana Botoucharova (Bulgarian), Anatoly Kovler (Russian), judges , Antonio Pastor Ridruejo (Spanish), Nicolas Bratza (British), substitute judges ; and also Paul Mahoney , Registrar .   Representatives of the parties   Government: Kristine Malinovska, Agent , Anda Stahova, Counsel ;   Applicants: Alexandre Asnis , Representative , Tatiana Rybina and Vitaliy Portnov , Counsel .   Third Party: Pavel Laptev , Representative of the Russian Federation at the Court , Sergey Volkovskiy and Sergey Koulik , Counsel .   Mrs Tatjana Slivenko and Ms Karina Slivenko 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.