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SAADI v. THE UNITED KINGDOM JUDGMENT
Mr J. Casadevall, Sir Nicolas Bratza, Mr M. Pellonpää, Mr R. Maruste,
Mr K. Traja, Ms L. Mijović, Mr J. Šikuta and also of Ms F. Elens-Passos,
Deputy Section Registrar. On 11 July 2006 a Chamber composed of the
same judges, together with Mr T.L. Early, Section Registrar, delivered a
judgment in which it held, by four votes to three, that there had been no
violation of Article 5 § 1 and, unanimously, that there had been a violation
of Article 5 § 2. The Chamber further held, unanimously, that it was not
necessary to consider Article 14 separately, that the finding of a violation of
Article 5 § 2 was sufficient just satisfaction for non-pecuniary damage, and
that the respondent State should pay the applicant EUR 1,500, plus any tax
that might be chargeable, for costs and expenses.
5. On 11 December 2006, pursuant to a request by the applicant, the
Panel of the Grand Chamber decided to refer the case to the Grand Chamber
in accordance with Article 43 of the Convention.
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 of the
Rules of Court.
7. The applicant and the Government each filed written observations on
the merits. In addition, third-party comments were received jointly from the
Centre for Advice on Individual Rights in Europe (“AIRE Centre”), the
European Council on Refugees and Exiles (“ECRE”) and Liberty and from
the United Nations High Commissioner for Refugees (“UNHCR”), which
had been given leave by the President to intervene in the written procedure
(Article 36 § 2 of the Convention and Rule 44 § 2).
8. A hearing took place in public in the Human Rights Building,
Strasbourg, on 16 May 2007 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mr J. GRAINGER,
Mr D. PANNICK QC,
Mr M. FORDHAM QC,
Ms N. SAMUEL,
Mr S. BARRETT,
(b) for the applicant
Mr R. SCANNELL,
Mr D. SEDDON,
Mr M. HANLEY,
Ms S. GHELANI,
Agent,
Counsel,
Counsel,
Advisers.
Counsel,
Advisers.
The Court heard addresses by Mr Scannell and Mr Pannick, as well as
their answers to questions put by Judges Costa and Spielmann.