CASTELLS v. SPAIN JUDGMENT
2
10 (art. 10) of the Convention, taken alone or in conjunction with Article 14
(art. 14+10).
2. In response to the enquiry made in accordance with Rule 33 para. 3 (d)
of the Rules of Court, the applicant stated that he wished to take part in the
proceedings and sought leave, as a lawyer, to present his own case, assisted
by two Spanish fellow lawyers (Rule 30 para. 1).
The President granted this request on 15 April 1991 and authorised the
applicant to use the Spanish language (Rule 27 para. 3).
3. The Chamber to be constituted included ex officio Mr J.M. Morenilla,
the elected judge of Spanish nationality (Article 43 of the Convention) (art.
43), and Mr R. Ryssdal, the President of the Court (Rule 21 para. 3 (b)). On
22 March 1991, Mr F. Matscher, having been duly delegated by the
President, drew by lot, in the presence of the Registrar, the names of the
other seven members, namely Mr Thór Vilhjálmsson, Mr R. Macdonald, Mr
J. De Meyer, Mr S.K. Martens, Mrs E. Palm, Mr R. Pekkanen and Mr A.N.
Loizou (Article 43 in fine of the Convention and Rule 21 para. 4) (art. 43).
By a letter to the President of 15 March, Mr Morenilla had declared his
intention of withdrawing from the case pursuant to Rule 24 para. 2 because
he had represented the Spanish Government before the Commission as
Agent. On 26 April the Government notified the Registrar that Mr Juan
Antonio Carrillo Salcedo, professor at Seville University, had been
appointed ad hoc judge (Article 43 of the Convention and Rule 23) (art. 43).
4. Mr Ryssdal assumed the office of President of the Chamber (Rule 21
para. 5) and, through the Registrar, consulted the Agent of the Government,
the Delegate of the Commission and the applicant on the organisation of the
procedure (Rules 37 para. 1 and 38). Pursuant to the President's orders and
instructions, the Registrar received the memorials of the Government and
the applicant on 29 July and 29 August 1991 respectively. On 25 September
the Secretary to the Commission produced various documents at the
Registrar's request, then on 5 November submitted the Delegate's
observations.
5. In accordance with the President's decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 27 November 1991.
The Court had held a preparatory meeting beforehand.
There appeared before the Court:
- for the Government
Mr J. BORREGO BORREGO, Head
of the Legal Department for Human Rights, Ministry of
Justice,
Agent,
Mr J.M. VILLAR URIBARRI, Ministry of Justice,
Counsel;
- for the Commission
Mr L. LOUCAIDES,
Delegate;
- for the applicant
Mr M. CASTELLS, abogado, applicant,