DE CUBBER v. BELGIUM JUGDMENT
2
the proceedings pending before the Court and designated the lawyer who
would represent him (Rule 30).
3. The Chamber of seven judges to be constituted included, as ex officio
members, Mr. W. Ganshof van der Meersch, the elected judge of Belgian
nationality (Article 43 of the Convention) (art. 43), and Mr. G. Wiarda, the
President of the Court (Rule 21 para. 3 (b) of the Rules of Court). On 27
October 1983, the President drew by lot, in the presence of the Registrar, the
names of the five other members, namely Mr. M. Zekia, Mrs. D.
Bindschedler-Robert, Mr. G. Lagergren, Mr. F. Gölcüklü and Mr. F.
Matscher (Article 43 in fine of the Convention and Rule 21 para. 4) (art.
43). Subsequently, Sir Vincent Evans and Mr. R. Bernhardt, substitute
judges, replaced Mr. Zekia and Mr. Lagergren, who were prevented from
taking part in the consideration of the case (Rules 22 para. 1 and 24 para. 1).
4. Having assumed the office of President of the Chamber (Rule 21
para. 5) and having on each occasion consulted, through the Registrar, the
Agent of the Belgian Government ("the Government"), the Commission’s
Delegate and Mr. De Cubber’s lawyer, Mr. Wiarda
- decided, on 17 November 1983, that there was no call at that stage for
memorials to be filed (Rule 37 para. 1);
- directed, on 9 February 1984, that the oral proceedings should open on
23 May (Rule 38).
On 16 April, the Registrar received, from the applicant’s lawyer, her
client’s claims under Article 50 (art. 50) of the Convention.
5. The hearings were held in public at the Human Rights Building,
Strasbourg, on the appointed day. Immediately before they opened, the
Court had held a preparatory meeting.
There appeared before the Court:
- for the Government
Mr. J. NISET, Legal Adviser
the Ministry of Justice,
Agent,
Mr. André DE BLUTS, avocat,
Counsel;
- for the Commission
Mr. M. MELCHIOR,
Delegate;
- for the applicant
Mrs. F. De CROO-DESGUIN, avocat,
Counsel.
The Court heard addresses by Mr. De Bluts for the Government, by Mr.
Melchior for the Commission and by Mrs. De Croo-Desguin for the
applicant, as well as their replies to questions put by it and by several of its
members.
6. On 4 April and on 7, 14, 18 and 23 May, the Commission, the
Government and the applicant, as the case may be, filed various documents,
either on their own initiative or in response to a request made by the
Registrar in accordance with the President’s instructions.