CEDH · PRESS;HEARINGS;ENG — 19 novembre 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 } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .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 } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt }   EUROPEAN COURT OF HUMAN RIGHTS   575   19.11.2003   Press release issued by the Registrar   GRAND CHAMBER HEARING ON THE MERITS IN THE CASE OF ASSANIDZE v. GEORGIA   Wednesday 19 November 2003 at 9.00 p.m.   The applicant   The case concerns an application (no. 71503/01) brought by a Georgian national, Tenguiz Assanidze, who was born in 1944 and is currently in custody in Batumi (Georgia).   Summary of the facts   The applicant was the mayor of the town of Batumi, capital of the Ajarian Autonomous Republic, Georgia, and a member of the Ajarian Parliament. He was arrested on 4 October 1993 and charged with illegal financial dealings in the Batumi Tobacco Manufacturing Company and the unlawful possession and handling of firearms. On 28 November 1994 he was sentenced to eight years’ imprisonment and orders were made for the confiscation of his assets and reimbursement of the company’s losses. On 27 April 1995 his conviction for illegal financial dealings was upheld, but the other convictions were quashed. The applicant was pardoned by the President of the Republic on 1 October 1999, but was not released by the local Ajarian authorities.   On 11 December 1999 the applicant, who was still in custody despite the presidential pardon, was charged in a new case. On 2 October 2000 he was sentenced to twelve years’ imprisonment by the Supreme Court of the Ajarian Autonomous Republic. Although his conviction was quashed on 29 January 2001 by the Georgian Supreme Court, the applicant remains in the custody of the Ajarian authorities.   His health is deteriorating, and he has now been held at Batumi, in a cell for remand prisoners at the local security ministry, for nearly three years.   Complaints   The applicant complains, under Article 5 §§ 1, 3 and 4 (right to liberty and security) and 6 § 1 (right to a fair trial), 10 (freedom of expression) and 13 (right to an effective remedy) of the European Convention on Human Rights, and also Article 2 (freedom of movement) of Protocol No. 4 to the Convention, that his detention is unlawful and that he has no effective remedy before a national authority to secure his release.   Procedure   The application was lodged on 2 July 2001 and declared partly admissible on 12 November 2002. On 18 March 2003 the Chamber relinquished 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), Nicolas Bratza (British), Lucius Caflisch (Swiss) [1] , Loukis Loucaides (Cypriot) Pranas Kūris (Lithuanian) , Ireneu Cabral Barreto (Portuguese) , Viera Strážnická (Slovakian) , Karel Jungwiert (Czech) , Boštjan Zupančič (Slovenian) , Wilhelmina Thomassen (Netherlands) , Snejana Botoucharova (Bulgarian) , Mindia Ugrekhelidze (Georgian) , Vladimiro Zagrebelsky (Italian), Antonella Mularoni (San Marinese), judges , Gaukur Jörundsson (Icelandic) , Josep Casadevall (Andorran) , Rait Maruste (Estonian) , substitute judges , and also Paul Mahoney , Registrar .   Representatives of the parties   Government:   Lasha Chelidze , Agent ; Avtandil Abashidze , Vaja Khakhutaishvili , Laurent Hincker, counsel ; Besarion Bokokhashvili , Gregoire Nuss , advisers .   Applicant:   Lia Mukhashavria , Counsel ; Zaza Khatiashvili , Maka Gioshvili , Vesselina Vandova , advisers .   David Assanidze , the applicant’s son, will also attend the hearing.   *** After the hearing the Court will begin its deliberations, which are held in private. A Judgement 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.   1.     Judge elected in respect of Liechtenstein.