CEDH · PRESS;HEARINGS;ENG — 8 janvier 2004

.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 } .sDD7C1C55 { margin-top:0pt; margin-bottom:0pt; text-indent:389.85pt } .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   004   8.1.2004   Press release issued by the Registrar   CHAMBER HEARING ON THE ADMISSIBILITY AND MERITS IN THE CASE OF SARDINAS ALBO v. ITALY   Thursday 8 January 2004 at 9.00 a.m.   The applicant   The case concerns an application (no. 56271/00) brought by Mr Horacio Sardinas Albo, who was born in 1948 and is currently in prison in Brescia (Italy). He claims to be a Cuban national.   Summary of the facts   On 6 August 1996 the applicant was arrested in Milan on suspicion of international drug trafficking. On 7 October 1999 Como District Court sentenced him to 15 years’ imprisonment, which was subsequently reduced to 11 years on appeal.   Meanwhile, on 14   May 1998 the Ministry of Justice had requested that the applicant be placed in detention with a view to his extradition. On 22 June 1998 the United States authorities requested the extradition of the applicant for crimes related to drug trafficking. On 12 May 1999 the Italian Ministry of Justice granted the extradition request. However, noting that criminal proceedings against the applicant were pending before Como District Court, the Ministry decided to suspend his extradition. In the meantime the United States authorities had once again requested the applicant’s extradition in relation to a charge of making false statements. On 9 March 2000 Brescia Court of Appeal ruled in favour of extradition. Its judgment indicated that the applicant was a Cuban national with a permanent residence permit in the United States. The applicant alleges, however, that his status in the United States is that of a deportable alien. The Court of Cassation upheld the Court of Appeal’s decision on 19   September 2000. In an order of 3 November 2000 the Ministry of Justice granted the second extradition request. The applicant did not challenge the extradition orders of 12   May 1999 and 19 September 2000 before the regional administrative courts.   Complaints   The applicant alleges that, if he were extradited to the United States, he would be imprisoned indefinitely (so-called “limbo incarceration”) because of his Cuban origins. He stresses that a deportation order against him is pending in the US; however, he maintains that this order would not be enforceable because of the lack of diplomatic ties between Cuba and the United States, so that he would be deprived of his liberty for an unpredictable length of time in a detention centre. He relies on Article 3 (prohibition of inhuman or degrading treatment or punishment), Article 5 § 1 (right to liberty and security) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights.   Procedure   The application was lodged with the European Commission of Human Rights on 8 June 1998 and transmitted to the Court on 1 November 1998.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Peer Lorenzen (Danish), Giovanni Bonello (Maltese), Françoise Tulkens (Belgian) , Nina Vajić (Croatian), Vladimiro Zagrebelsky (Italian), Elisabeth Steiner (Austrian), judges , Egil Levits (Latvian) , Anatoli Kovler (Russian) , Khanlar Hajiyev (Azerbaijani) , substitute judges , and also Søren Nielsen , Deputy Section Registrar .   Representatives of the parties   Government :   Francesco Crisafulli , co-Agent ,   Applicant :   Barbara Sartirana , Counsel .     ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by 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.