CEDH · PRESS;GENERAL;ENG — 21 octobre 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 } .sA36B60A1 { font-family:Arial; font-style:italic } .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 } .s32AFAD20 { width:26.35pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     516   21.10.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE ADMISSIBILITY AND MERITS IN THE CASES OF BRAND v. THE NETHERLANDS AND MORSINK v. THE NETHERLANDS   Tuesday 21 October 2003 at 9 a.m.   The applicants   The case concerns two applications (nos. 49902/99 and 48865/99) brought by Netherlands nationals, Fredericus Cornelus Brand and Pim Gustaaf Lambertus Morsink, who were born in 1956 and 1959 respectively.   Summary of the facts   The applicants were each convicted of assault occasioning grievous bodily harm and sentenced to 15 months’ imprisonment. In addition, finding that the applicants were suffering from a mental disorder posing a danger to society, the criminal court ordered their confinement in a custodial clinic (a “TBS order” – terbeschikkingstelling met bevel tot verpleging van overheidswege ).   When the applicants had served their prison sentence, their TBS orders took effect. However, the applicants were not transferred to a custodial clinic but remained in transitory detention in an ordinary remand centre because of a shortage of places in the custodial clinics. Mr Brand remained in transitory detention from 10 October 1994 to 28   December 1995, and Mr   Morsink from 5 February 1998 to 7   June 1999.   Complaint   The applicants complain that their transitory detention pending placement in a custodial clinic infringed their rights under Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights.   Procedure   Mr Brand’s application was lodged on 20 July 1999 and Mr Morsink’s on 15 April 1999.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , Loukis Loucaides (Cypriot), Corneliu Bîrsan (Romanian), Karel Jungwiert (Czech), Volodymyr Butkevych (Ukrainian), Wilhelmina Thomassen (Netherlands), Antonella Mularoni (San Marinese), judges , András Baka (Hungarian) , Gaukur Jörundsson (Icelandic) , Mindia Ugrekhelidze (Georgian) , substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government:   Roeland Böcker , Agent , Monique de Groot , Martin Kuijer , Lia van der Zon , Monique de Groot , advisers ;   Applicants:   Liesbeth Poortman-de Boer , Counsel .   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility – and, if appropriate, a judgment – will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press 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 by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.