SELMOUNI v. FRANCE JUDGMENT
2
The Commission’s request referred to former Articles 44 and 48 and to
the declaration whereby France recognised the compulsory jurisdiction of
the Court (former Article 46); the Netherlands Government’s application
referred to former Article 48. The object of the request and of the
application 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
and 6 § 1 of the Convention.
2. In response to the enquiry made in accordance with Rule 33 § 3 (d) of
former Rules of Court A1, the applicant stated that he wished to take part in
the proceedings and designated the lawyer who would represent him
(former Rule 30).
3. As President of the Chamber which had originally been constituted
(former Article 43 of the Convention and former Rule 21) in order to deal,
in particular, with procedural matters that might arise before the entry into
force of Protocol No. 11, Mr R. Bernhardt, the President of the Court at the
time, acting through the Registrar, consulted the Agents of the
Governments, the applicant’s lawyer and the Delegate of the Commission
on the organisation of the written procedure. Pursuant to the order made in
consequence, the Registrar received the applicant’s memorial on
27 November 1998 and those of the French Government (“the
Government”) and the Netherlands Government on 7 December 1998.
4. After the entry into force of Protocol No. 11 on 1 November 1998 and
in accordance with the provisions of Article 5 § 5 thereof, the case was
referred to the Grand Chamber of the Court. The Grand Chamber included
ex officio Mr J.-P. Costa, the judge elected in respect of France
(Article 27 § 2 of the Convention and Rule 24 § 4 of the Rules of Court),
Mr L. Wildhaber, the President of the Court, Mrs E. Palm, Vice-President of
the Court, and Mr M. Fischbach, Vice-President of Section (Article 27 § 3
of the Convention and Rule 24 §§ 3 and 5 (a)). The other members
appointed to complete the Grand Chamber were Mr L. Ferrari Bravo,
Mr L. Caflisch, Mr P. Kūris, Mr W. Fuhrmann, Mr K. Jungwiert,
Mr M. Zupančič, Mrs N. Vajić, Mr J. Hedigan, Mrs W. Thomassen,
Mrs Tsatsa-Nikolovska, Mr T. Panţîru, Mr E. Levits and Mr K. Traja
(Rule 24 § 3 and Rule 100 § 4). Subsequently Mr G. Bonello and
Mr R. Maruste, substitute judges, replaced Mrs Palm and Mr Levits, who
were unable to take part in the further consideration of the case (Rule 24
§ 5 (b)).
5. At the Court’s invitation (Rule 99), the Commission delegated one of
its members, Mr D. Šváby, to take part in the proceedings before the Grand
Chamber.
1. Note by the Registry. Rules of Court A applied to all cases referred to the Court before
the entry into force of Protocol No. 9 (1 October 1994) and from then until 31 October
1998 only to cases concerning States not bound by that Protocol.