2
MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
complained that they had not been brought “promptly” before a judge or
other officer authorised by law to exercise judicial power.
4. The application was allocated to the Fifth Section of the Court
(Rule 52 § 1 of the Rules of Court). On 10 July 2008, after a hearing on the
admissibility and merits (Rule 54 § 3), a Chamber of that Section,
composed of Peer Lorenzen, President, Jean-Paul Costa, Karel Jungwiert,
Renate Jaeger, Mark Villiger, Isabelle Berro-Lefèvre, Mirjana Lazarova
Trajkovska, judges, and Claudia Westerdiek, Section Registrar, declared the
application admissible and delivered a judgment in which the Court held by
a majority that there had been a violation of Article 5 § 1 of the Convention
and no violation of Article 5 § 3. The partly dissenting opinion of
Judge Berro-Lefèvre joined by Judges Lorenzen and Lazarova Trajkovska
was annexed to the judgment.
5. On 9 and 10 October 2008 respectively the applicants and the
Government requested that the case be referred to the Grand Chamber, in
accordance with Article 43 of the Convention. A panel of five judges of the
Grand Chamber accepted that request on 1 December 2008.
6. The composition of the Grand Chamber was determined according to
the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24.
7. The applicants and the Government each filed observations on the
merits.
8. A hearing took place in public in the Human Rights Building,
Strasbourg, on 6 May 2009 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mrs E. BELLIARD, Director of Legal Affairs,
Ministry of Foreign Affairs,
Agent,
Mr J.-C. MARIN, public prosecutor in Paris,
Mr L. DI GUARDIA, Principal Advocate-General,
Court of Cassation,
Ms A.-F. TISSIER, Deputy Director for Human Rights,
Legal Affairs Department, Ministry of Foreign Affairs,
Ms M. MONGIN-HEUZÉ, magistrat, on secondment to the
Ministry of Foreign Affairs,
Mr T. POCQUET DU HAUT JUSSE, Deputy to the Director
of Civil Affairs and Pardons (DACG), Ministry of Justice,
Mr J.-C. GRACIA, Head of Litigation Department,
Ministry of Justice,
Ms D. MERRI, chargée d’études, Legal Affairs Department,
Ministry of Defence,
Advisers;