A. v. THE UNITED KINGDOM JUDGMENT OF 23 SEPTEMBER 1998
2
request was to obtain a decision as to whether the facts of the case disclosed
a breach by the respondent State of its obligations under Articles 3, 8, 13
and 14 of the Convention.
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 lawyers who would represent him (Rule 30).
3. The Chamber to be constituted included ex officio Sir John Freeland,
the elected judge of British nationality (Article 43 of the Convention), and
Mr R. Ryssdal, the President of the Court (Rule 21 § 4 (b)). On
28 November 1997, in the presence of the Registrar, Mr Ryssdal drew by lot
the names of the other seven members, namely Mr L.-E. Pettiti,
Mr C. Russo, Mrs E. Palm, Mr J. Makarczyk, Mr P. Kūris, Mr J. Casadevall
and Mr V. Toumanov (Article 43 in fine of the Convention and Rule 21
§ 5). Subsequently Mr R. Bernhardt, who had been elected President of the
Court, replaced Mr Ryssdal, who had died (Rule 21 § 6, second subparagraph).
4. As President of the Chamber at that time (Rule 21 § 6), Mr Ryssdal,
acting through the Registrar, had consulted the Agent of the United
Kingdom 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 27 February
and 4 March 1998 respectively.
5. Mr Makarczyk was unable to take part in the further consideration of
the case and was therefore replaced by Mr P. van Dijk, substitute judge
(Rules 22 § 1 and 24 § 1).
6. In accordance with the President’s decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 22 June 1998. The
Court had held a preparatory meeting beforehand.
There appeared before the Court:
(a) for the Government
Mr M. EATON, Foreign and Commonwealth Office,
Mr D. PANNICK QC, Barrister-at-Law,
Mr M. SHAW, Barrister-at-Law,
Ms S. RYAN, Department of Health,
Ms C. RICCARDI, Department of Health,
Advisers;
(b) for the Commission
Mr N. BRATZA,
Delegate;
Agent,
Counsel,