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EUROPEAN COURT OF HUMAN RIGHTS 398 17.7.2003 Press release issued by the Registrar FORTHCOMING JUDGMENTS 22 and 24 July 2003 The European Court of Human Rights will be notifying in writing 16 Chamber judgments on Tuesday 22 July 2003 and six on Thursday 24 July 2003. Press releases and the texts of the judgments will be available at 2.30 p.m. (local time) on the Court's Internet site (http://www.echr.coe.int). Tuesday 22 July 2003 (1) Schmidtov� v. Czech Republic (application no. 48568/99) The applicant, Berta Schmidtov�, has Czech and German nationality. She was born in 1920 and lives in Brno. She complains, under Article 6 � 1 (right to a hearing within a reasonable time) of the Convention, of the length of proceedings for the restitution of land that had been confiscated by the State. She also complains, under Article 1 of Protocol No. 1 (protection of property), of the financial consequences of the delays in the proceedings. (2) Hyv�nen v. Finland (no. 52529/99) Martti Hyv�nen, a Finnish national, was born in 1928 and lives in Turku (Finland). His appeal against his conviction for aggravated concealment of stolen goods and aggravated forgery was struck out after he had failed to attend the hearing � allegedly due to dementia and other age-related illnesses. He complains, under Article 6 �� 1 and 3 (c) and (d) of the Convention, that he was denied a fair hearing in the criminal proceedings because his dementia and other age-related illnesses were not accepted as valid reasons for his failure to attend the appeal hearing. Furthermore, his lawyer was unable to submit pleadings or re-examine a witness. (3) SA Cabinet Diot and SA Gras Savoye v. France (nos. 49217/99 and 49218/99) The applicants, Cabinet Diot and Gras Savoye, are two insurance broking companies whose head offices are in Paris and Neuilly-sur-Seine respectively. They were liable to value added tax (VAT) on their trading activities for 1978. However, the companies claim that, by virtue of European Community directives, they were entitled to an exemption from VAT for their insurance and reinsurance transactions. The applicant companies complain, under Article 1 of Protocol No. 1 (protection of property) to the Convention, that they have not obtained reimbursement of the VAT paid for 1978. -2- (4) Coste v. France (no. 50632/99) Pascal Coste is a French national who was born in 1955 and lives at Verdi�re. He was involved in a brawl with police officers on 21 January 1984. Relying on Article 6 � 1 (right to a trial within a reasonable time) of the Convention, he complains of the excessive length of the criminal proceedings brought against him. (5) Dickmann v. Romania (no. 36017/97) Dora Dickmann is a Romanian national who was born in 1932 and lives in Tel Aviv (Israel). In 1950 the Romanian State nationalised property in Bucharest which her parents had purchased in 1938. The applicant complains under Article 6 � 1 (right to a fair hearing) of the refusal by the Supreme Court of Justice to accept that the domestic courts had jurisdiction to hear a claim to title to land and of that court's lack of independence and impartiality. Relying on Article 1 of Protocol No. 1 (protection of property) she alleges that her right to the peaceful enjoyment of her possessions has been infringed. (6) Gabarri Moreno v. Spain (no. 68066/01) Juan Gabarri Moreno is a Spanish national who was born in 1954 and lives in Madrid. In June 1996 he was found guilty of heroin trafficking and sentenced by the Madrid Audiencia Provincial to eight years and a day in prison and a fine. The Audiencia Provincial ruled that the fact that he was suffering from a mental disorder was a mitigating factor. The applicant appealed on points of law and also lodged an amparo appeal, but to no avail. The applicant complains, under Article 7 � 1 (no punishment without law) of the Convention, of the domestic courts' refusal to accord him a reduction in sentence, as provided for by the criminal law in cases in which there are mitigating factors. (7) Aye Tepe v. Turkey (no. 29422/95) Aye Tepe is a Turkish national who was born in 1975. She was arrested and taken into police custody in December 1993 in connection with an operation for the arrest of a suspected member of the PKK (Workers' Party of Kurdistan). The applicant complains, under Article 3 (prohibition of torture and inhuman or degrading treatment) of the Convention, that she was subjected to ill-treatment and even torture while in police custody. She further complains, under Article 5 (right to liberty and security) of the Convention, of the unlawfulness and length of her detention in police custody. (8) Esen v. Turkey (no. 29484/95) Hakime Esen is a Turkish national who was born in 1962. On 14 December 1993 she was arrested by police and held in police custody until on 27 December 1993, when an order was made for her detention pending trial. The applicant complains, under Article 3 (prohibition of torture or inhuman or degrading treatment) of the Convention, that she was subjected to torture while in police custody. (9) �zg�r Kili� v. Turkey (no. 42591/98) �zg�r Kili� is a Turkish national who was born in 1977 and lives in Izmir. He was arrested by the police on 10 January 1997 in connection with an investigation and held in police custody. On 17 January 1997 an order was made for his detention pending trial. -3- Relying on Article 3 (prohibition of torture or inhuman or degrading treatment) of the Convention, the applicant alleges that he was beaten and subjected to ill-treatment by the police officers on duty while he was in police custody and the gendarmes at the prison to which he was transferred. (10) S�nnet�i v. Turkey (no. 28632/95) Mahmut S�nnet�i, a Turkish national, was born in 1967 and lives in Germany. On 22 August 1994 he was taken into police custody in Diyarbakir on suspicion of being a member of the PKK (Workers' Party of Kurdistan). On 31 August 1994 he was interrogated by police and confessed to his involvement in the PKK's activities. On 13 September 1994 he was charged with providing explosives to other members of the PKK, establishing its provincial committee and bombing the premises of banks and of a political party. He was acquitted by the Diyarbakir State Security Court on 22 December 1998. Mr S�nnet�i complains, under Article 3 of the Convention, that he was tortured while in police custody. (11) Yaz v. Turkey (no. 29485/95) Oya Yaz is a Turkish national who was born in 1969. She was arrested on 11 December 1993 on suspicion of being a member of the PKK (Workers' Party of Kurdistan) and of aiding and abetting that organisation. She was held in police custody until 27 December 1993, when an order was made for her detention pending trial. Relying on Article 3 (prohibition of torture or inhuman or degrading treatment) of the Convention, the applicant alleges that she was subjected to ill-treatment and even torture while in police custody. (12) Y.F. v. Turkey (no. 24209/94) Y.F., a Turkish national, was born in 1951 and lives in Bing�l (Turkey). In October 1993 he and his wife were taken into police custody on suspicion of aiding and abetting the PKK (Workers' Party of Kurdistan). Following her detention, his wife was taken to a gynaecologist where, it is alleged, she was forced to undergo an examination. On 23 March 1994 the applicant and his wife were acquitted by the Diyarbakir State Security Court. The applicant alleges that the forced gynaecological examination of his wife breached Article 8 (right to respect for private life) of the Convention. (13) Edwards and Lewis v. the United Kingdom (nos. 39647/98 and 40461/98) Martin John Edwards and Michael Lewis are both British nationals. Mr Edwards was born in 1946 and lives in Woking, Surrey. Mr Lewis was born in 1953 and lives in Tonbridge, Kent. On 9 August 1994, following a surveillance and undercover operation, Mr Edwards was arrested in a van in the company of an undercover police officer. In the van was a briefcase containing 4.83 kilograms of 50% pure heroin. On 7 April 1995 he was convicted of possessing a Class A drug with intent to supply. On 25 July 1995 Mr Lewis was arrested by uniformed police officers in the car park of a public house after he had shown two undercover police officers some counterfeit bank notes. -4- More counterfeit notes were found when his house was searched. On 12 November 1996 he pleaded guilty to three charges of possession of counterfeit currency notes with the intention of delivering them to another. Both applicants complain, under Article 6 � 1 (right to a fair trial) of the Convention, that they were deprived of a fair trial because they were entrapped into committing offences by agents provocateurs and the procedure followed by the domestic courts concerning nondisclosure of evidence was unfair. Length-of-proceedings cases In the following three cases the applicants complain of the excessive length of civil or administrative proceedings. No press release will be issued in respect of these cases. (14) Zuili v. France (no. 46820/99) (15) J. T. v. Hungary (no. 44608/98) (16) Biskupska v. Poland (no. 39597/98) Thursday 24 July 2003 (17) Karner v. Austria (no. 40016/98) Siegmund Karner was an Austrian national. He was born in 1955 and used to live in Vienna. He died on 26 September 2000. His flatmate had died of Aids in 1994 after designating Mr Karner as his heir. After unsuccessfully attempting to terminate the tenancy, the landlord appealed to the Supreme Court. His appeal was upheld. Mr Karner complained, under Article 14 (prohibition of discrimination) taken together with Article 8 (right to respect for private and family life and for home) of the Convention, that the Supreme Court's decision not to recognise his right to succeed to a tenancy after the death of his companion amounted to discrimination on the ground of his sexual orientation. (18) Ryabykh v. Russia (no. 52854/99) Anna Ivanovna Ryabykh, a Russian national, was born in 1949 and lives in Ninovka, a village in the Belgorod region of Russia. She sued the Savings Bank of Russia and the State for the drop in value of her personal savings after the economic reforms. She complains of breaches of Article 6 � 1 (right to a fair hearing) of the Convention in that a final judgment in her favour was set aside in proceedings that were unfair because she was neither informed that an application for supervisory review had been lodged nor invited to attend the hearing. She complains further, under Article 1 of Protocol No. 1 (protection of property), of the State's reluctance to compensate the financial loss she sustained as a result of inflation. (19) Smirnova v. Russia (nos. 46133/99 and 48183/99) Yelena Pavlovna Smirnova and Irina Pavlovna Smirnova are twin sisters. They are Russian nationals, born in 1967 and living in Moscow. On 9 January 2002 Yelena Smirnova and Irina Smirnova were convicted of large-scale fraud and sentenced to eight years' and six years' imprisonment respectively, and to confiscation of -5- their property. They had both been remanded in custody four times during the criminal investigations. They allege, under Article 5 � � 1 and 3 (right to liberty and security) and Article 6 � 1 (right to a fair trial within a reasonable time) of the Convention, that their pre-trial detention and the investigation of the criminal case were too long. Yelena Smirnova also complains of a breach of Article 8 (right to respect for private life) in that the investigating authorities withheld her identity paper, which is an essential item for everyday life in Russia. (20) G�r v. Turkey (no. 35983/97) Mustafa and Osman G�r are Turkish nationals who were born in 1950 in 1954 and live in Izmir. They owned a piece of land in Izmir which was expropriated in 1990. The domestic courts granted them additional compensation for the expropriation in 1991, which the authorities paid in 1996. Relying on Article 1 of Protocol No. 1 (protection of property) to the Convention, the applicants allege that the authorities' delay in paying them additional compensation and the low rate of interest paid on State debts has infringed their right to the peaceful enjoyment of their possessions. (21) Y�yler v. Turkey (no. 26973/95) The applicant, Celalettin Y�yler, is a Turkish citizen. He was born in 1941 and is now living in Istanbul. He used to live in Dirimpinar, which is attached to the Malazgirt district in the province of Mu. Mr Y�yler alleges that on 18 September 1994 State security forces destroyed his house and possessions. He relies on Articles 3 (prohibition of inhuman or degrading treatment), 6 (right to a fair hearing), 8 (right to respect for home), 13 (right to an effective remedy), 14 (prohibition of discrimination) and 18 (limitation on use of restrictions on rights) of the Convention and Article 1 of Protocol No 1 (protection of property). (22) Yusuf Kaya v. Turkey (no. 28018/95) Yusuf Kaya is a Turkish national was born in 1964. On 30 May 1994 he was sentenced by a State security court to four years and six months' imprisonment for aiding and abetting an armed gang. The applicant complains, under Article 6 � 1 (right to a fair trial) of the Convention, that the State security court that tried him was not independent and impartial, as one of its members was a military judge. *** Registry of the European Court of Human Rights F � 67075 Strasbourg Cedex Contacts: Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92) Joanna Reynell (telephone: +00 33 (0)3 90 21 42 15) St�phanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91 -6- 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.