1
DELCOURT v. BELGIUM JUDGMENT
In the Delcourt case,
The European Court of Human Rights, sitting, in accordance with the
provisions of Article 43 (art. 43) of the Convention for the Protection of
Human Rights and Fundamental Freedoms (hereinafter referred to as "the
Convention") and Rules 21 and 22 of the Rules of Court, as a Chamber
composed of the following judges:
Sir Humphrey WALDOCK, President
H. ROLIN
T. WOLD
M. ZEKIA
A. FAVRE
J. CREMONA
G. WIARDA
and also Mr. M.-A. EISSEN, Registrar and Mr. J.F. SMYTH, Deputy
Registrar,
Decides as follows,
PROCEDURE
1. The Delcourt case was referred to the Court by the European
Commission of Human Rights (hereinafter referred to as "the
Commission"). The case has its origin in an Application lodged with the
Commission under Article 25 (art. 25) of the Convention on 20th December
1965 by a Belgian national, Emile Delcourt, against the Kingdom of
Belgium.
The Commission’s request, to which was attached the Report provided
for in Article 31 (art. 31) of the Convention, was lodged with the Registry
of the Court on 5th February 1969, within the period of three months laid
down in Articles 32 para. 1 and 47 (art. 32-1, art. 47). Reference was made
in the request to Articles 44 and 48 (art. 44, art. 48) and to the declaration
by the Kingdom of Belgium recognising the compulsory jurisdiction of the
Court (Article 46) (art. 46).
2. On 4th March 1969, the President of the Court drew by lot, in the
presence of the Registrar, the names of six of the seven Judges called upon
to sit as members of the Chamber, Mr. Henri Rolin, the elected Judge of
Belgian nationality, being an ex officio member under Article 43 (art. 43) of
the Convention; the President also drew by lot the names of three substitute
Judges. One of the members of the Chamber was subsequently unable to
take part in the consideration of the case; he was replaced by the first
substitute Judge.