O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM JUDGMENT
3
committing had infringed his right not to incriminate himself. Both
applicants relied on Article 6 §§ 1 and 2 of the Convention.
4. The applications were allocated to the Fourth Section of the Court
(Rule 52 § 1 of the Rules of Court). On 26 October 2004 the applications
were joined and on 25 October 2005 they were declared admissible by a
Chamber of that Section composed of Josep Casadevall, Nicolas Bratza,
Matti Pellonpää, Stanislav Pavlovschi, Lech Garlicki, Ljiljana Mijovič, Ján
Šikuta, judges, and Michael O’Boyle, Section Registrar. On 11 April 2006
the Chamber relinquished jurisdiction in favour of the Grand Chamber,
none of the parties having objected to relinquishment (Article 30 of the
Convention and Rule 72).
5. The composition of the Grand Chamber was determined according to
the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24. On
19 January 2007 Luzius Wildhaber’s term as President of the Court came to
an end. Jean-Paul Costa succeeded him in that capacity and took over the
presidency of the Grand Chamber in the present case (Rule 9 § 2). Luzius
Wildhaber and Matti Pellonpää continued to sit following the expiry of their
terms of office, in accordance with Article 23 § 7 of the Convention and
Rule 24 § 4.
6. The applicants and the Government each filed observations on the
merits.
7. A hearing took place in public in the Human Rights Building,
Strasbourg, on 27 September 2006 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mr D.WALTON,
Mr D. PERRY,
Ms L. CLARKE,
Mr M. MAGEE,
Mr J. MOORE,
(b) for the applicants
Mr B. EMMERSON QC,
Mr J. WELCH,
Mr D. FRIEDMAN,
Mr G. O’HALLORAN,
Mr I. FRANCIS,
Agent,
Counsel,
Advisers;
Counsel,
Solicitor,
Adviser,
Applicants.
The Court heard addresses by Mr Emmerson and Mr Perry and their
answers to questions put by judges.