Постановление Европейского суда по правам человека от 30.03.2009 "Дело "Леже (Leger) против Франции" [рус., англ.]

r />
(Strasbourg, 30.III.2009)

--------------------------------
<*> This judgment is final but may be subject to editorial revision.

In the case of {Leger} v. France,
The European Court of Human Rights, sitting as a Grand Chamber composed of:
Christos Rozakis, President
Jean-Paul Costa,
Nicolas Bratza,
Josep Casadevall,
Corneliu {Birsan},
Nina Vajic,
Vladimiro Zagrebelsky,
Alvina Gyulumyan,
Ljiljana {Mijovic},
Dean Spielmann,
Renate Jaeger,
Sverre Erik Jebens,
{Jan Sikuta},
Ineta Ziemele,
Mark Villiger,
Luis {Lopez} Guerra,
Ledi Bianku, judges
and Erik Fribergh, Registrar,
Having deliberated in private on 30 April 2008 and on 11 March 2009,
Delivers the following judgment, which was adopted on the last-mentioned date:

PROCEDURE

1. The case originated in an application (No. 19324/02) against the French Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a French national, Mr Lucien {Leger} ("the applicant"), on 6 May 2002.
2. The applicant alleged that his continued detention as a result of his life sentence amounted in practice to a whole-life term, was arbitrary in breach of Article 5 § 1 (a) of the Convention, and constituted inhuman and degrading treatment within the meaning of Article 3.
3. The application was allocated to the Second Section of the Court (Rule 52 § 1 of the Rules of Court). On 21 September 2004 it was declared partly admissible by a Chamber of that Section composed of the following judges: {Andras} Baka, President, Jean-Paul Costa, Loukis Loucaides, Karel Jungwiert, Volodymyr Butkevych, Wilhelmina Thomassen and Mindia Ugrekhelidze, and also of Sally {Dolle}, Section Registrar. A hearing took place in public in the Human Rights Building, Strasbourg, on 26 April 2005 (Rule 59 § 3). On 11 April 2006 a Chamber of the same Section, composed of the following judges: {Andras} Baka, President, Jean-Paul Costa, {Riza Turmen}, Karel Jungwiert, Mindia Ugrekhelidze, Antonella Mularoni and Elisabet {Fura-Sandstrom}, and also of Sally {Dolle}, Section Registrar, delivered a judgment in which it held by a majority that there had been no violation of Article 3 and Article 5 § 1 (a) of the Convention. The partly dissenting opinion of Judge Costa, the partly concurring, partly dissenting opinion of Judge Mularoni and the dissenting opinion of Judge {Fura-Sandstrom} were appended to the judgment.
4. In a letter of 7 July 2006 the applicant requested the referral of the case to the Grand Chamber in accordance with Article 43 of the Convention and Rule 73. The panel of the Grand Chamber granted that request on 13 September 2006.
5. The composition of the Grand Chamber was determined in accordance with the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24.
6. The applicant, but not the Government, filed additional observations on the merits.
7. A hearing took place in public in the Human Rights Building, Strasbourg, on 30 April 2008 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Ms A.-F. Tissier, Head of the Human Rights Section, Department of Legal Affairs, Ministry of Foreign Affairs, Agent,
Ms {M. Mongin-Heuze}, magistrat, on secondment to the Human Rights Section, Ministry of Foreign Affairs,
Mr R. Dubant, Head of the Sentence Enforcement and Pardons Office, Ministry of Justice,
Ms A. Salisse, drafting secretary, Legal Action and Prison Law Office, Department of Prison Affairs, Ministry of Justice,
Ms M.-A. Recher, drafting secretary, European and In



> 1 2 3 ... 9 10 11 ... 15 16 17

	Поделиться:	Tweet