CEDH · PRESS;GENERAL;ENG — 2 décembre 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 } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; 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 }   EUROPEAN COURT OF HUMAN RIGHTS     613   2.12.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF D.P. v. FRANCE   Tuesday 2 December 2003 at 2.30 p.m.   The applicant   The case concerns an application (no. 53971/00) brought by a French national, D.P., who was born in 1951 and is currently held at the Esses Villeneuve-sur-Lot Detention Centre (France).   Summary of the facts   The applicant was arrested on suspicion of aggravated sexual assault and held in custody between 25 and 27 September 1994. He made a full confession and at the end of his period in police custody was charged with the rape and sexual assault of minors aged under 15 by a person in authority and by a person in the position of “legitimate ascendant” and rape and sexual assault by a person in authority. He was remanded in custody.   By an order of 2 July 1996, the indictment division committed the applicant to stand trial before Gironde Assize Court. On 12 February 1997 the Criminal Division of the Court of Cassation dismissed an appeal by the applicant against the committal order.   In a judgment of 3 April 1998, the Gironde Assize Court convicted the applicant and sentenced him to 19 years’ imprisonment. He was given a ten-year ban on exercising his civic, civil and family rights. The applicant appealed on the same day to the Court of Cassation, but his appeal was dismissed by the Criminal Division of the Court of Cassation on 9 June 1999.   Complaint   The applicant complains under Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights about the composition of the Court of Cassation that examined his appeal against the Assize Court’s judgment and alleges that it was not impartial. His allegation is based on the fact that the judge rapporteur and one of the other judges in the Criminal Division had previously sat on the hearing of his appeal against the committal order made by the indictment division, the former as judge rapporteur and the latter as the president of the chamber.   Procedure   The application was lodged on 12 November 1999 and declared partly admissible on 6 May 2003.   Composition of the Court   The case will be heard by a Chamber composed as follows:   András Baka (Hungarian), President , Jean-Paul Costa (French), Gaukur Jörundsson (Icelandic), Loukis Loucaides (Cypriot), Corneliu Bîrsan (Romanian), Mindia Ugrekhelidze (Georgian), Antonella Mularoni (San Marinese), judges , Karel Jungwiert (Czech) , Volodymyr Butkevych (Ukrainian) , Wilhelmina Thomassen (Netherlands) , substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government :   Ronny Abraham , Agent , Laurence Delahaye , Judith Vailhé , Renée Koering-Joulin, Counsel ;   Applicant :   Marie-Alix Canu-Bernard , Counsel .     ***   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 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.