BERNARD JUDGMENT OF 23 APRIL 1998
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2. In response to the enquiry made in accordance with Rule 33 § 3 (d) of
Rules of Court A, the applicant stated that he wished to take part in the
proceedings and designated the lawyer who would represent him (Rule 30).
3. The Chamber to be constituted included ex officio Mr L.-E. Pettiti, the
elected judge of French nationality (Article 43 of the Convention), and
Mr R. Ryssdal, the President of the Court (Rule 21 § 4 (b)). On 20 January
1997, in the presence of the Registrar, the President drew by lot the names
of the other seven members, namely Mr F. Gölcüklü, Mr F. Matscher,
Mr R. Macdonald, Mrs E. Palm, Mr G. Mifsud Bonnici, Mr P. Jambrek and
Mr U. Lōhmus (Article 43 in fine of the Convention and Rule 21 § 5).
4. As President of the Chamber (Rule 21 § 6), Mr Ryssdal, acting
through the Registrar, consulted the Agent of the French Government (“the
Government”), the applicant’s lawyer and the Delegate of the Commission
on the organisation of the proceedings (Rules 37 § 1 and 38). Pursuant to
the order made in consequence, the Registrar received the applicant’s and
the Government’s memorials on 28 and 31 October 1997 respectively.
5. On 10 December 1997 the Commission produced the file on the
proceedings before it, as requested by the Registrar on the President’s
instructions.
6. On 7 January 1998 Mr R. Bernhardt, the Vice-President of the Court,
replaced as President of the Chamber Mr Ryssdal, who was unable to take
part in the further consideration of the case (Rule 21 § 6).
7. On 26 January 1998 the applicant’s counsel filed documents at the
registry.
8. In accordance with Mr Ryssdal’s decision of 15 May 1997, the
hearing took place in public in the Human Rights Building, Strasbourg, on
28 January 1998. The Court had held a preparatory meeting beforehand.
There appeared before the Court:
(a) for the Government
Mr J.-F. DOBELLE, Deputy Director of Legal Affairs,
Ministry of Foreign Affairs,
Mrs M. DUBROCARD, magistrat, on secondment
to the Legal Affairs Department,
Ministry of Foreign Affairs,
Mr A. BUCHET, Head of the Human Rights Office,
European and International Affairs Department,
Ministry of Justice,
Mr B. DALLES, magistrat, Criminal Justice
and Individual Freedoms Office,
Criminal Cases and Pardons Department,
Ministry of Justice,
Agent,
Advisers;