ternational Affairs Department, Ministry of Justice, Advisers;
(b) for the applicant
Mr J.-J. de Felice, member of the Paris Bar, Counsel,
Mr H. de Suremain, legal officer, International Prison Watch, French section,
Ms B. Belda, lecturer, University of Montpellier I, Advisers.
The applicant was also present.
The Court heard addresses by Ms Tissier and Mr de Felice.
8. The applicant was found dead at his home on 18 July 2008. His representative himself died on 27 July 2008. On 11 August 2008 Ms I. Terrel stated that she would be taking over the case from Mr de Felice. On 8 September 2008 Ms Terrel produced a form of authority drawn up in her name by Mrs Viviane Hirardin, {nee} Derveaux.
THE FACTS
I. The circumstances of the case
9. The applicant was born in 1937 and died in July 2008.
A. The applicant's conviction in 1966
10. In July 1964 the applicant was prosecuted for the abduction and murder of Luc Taron, an 11-year-old boy, on 26 and 27 May 1964.
11. On 5 July 1964, while in police custody, the applicant signed a confession which was not retracted during the first ten months of the investigation. Later that day he was placed in pre-trial detention. The investigating judge questioned him on several occasions about the reasons for his conduct, which was at odds with his confession, but the applicant refused to offer an explanation.
12. On 21 December 1964 a panel of experts in neuropsychiatry submitted a report, concluding that there had been no sign of mental illness at the time of the events. The experts contended that the physiological and psychological abnormalities observed, coupled with the applicant's alleged memory loss at the time of the killing, "[made] it impossible to rule out the presence of an epileptic symptom with a twilight state and dimming of consciousness". They concluded that the applicant was "dangerous" and "liable to a criminal penalty" and that the organic disorders observed would be amenable to palliative treatment alone, meaning that "his social rehabilitation could be envisaged only with the utmost caution".
13. A second report, submitted on 30 April 1965, concluded that the applicant was fit to stand trial and to answer for his actions in court and was a danger to public safety.
14. On 11 June 1965 the applicant withdrew his confession, while refusing to expand on his explanations. From that date on he maintained his innocence. He was committed for trial in the Assize Court for the {departement} of Seine-et-Oise.
15. Following the hearing in the Assize Court, the prosecution did not seek any particular penalty.
16. In a judgment of 7 May 1966 the Assize Court dismissed the charge of premeditated murder but found the applicant guilty of abduction and subsequent murder, with mitigating circumstances. The applicant was sentenced to life imprisonment, no minimum term being set.
17. On 29 November 1966 the Court of Cassation dismissed an appeal on points of law by the civil party.
18. On 17 June 1971 the applicant, through his lawyer, lodged an initial application for a retrial, which was apparently not examined.
19. On 6 September 1974 the applicant's lawyer lodged a second application for a retrial with the Minister of Justice. The application gave rise to an investigation, the findings of which were due to be disclosed to the lawyer. However, the lawyer died before the report was submitted and the findings of the investigation were never forwarded to the applicant. Several months later, the applicant was notified orally that the application had been dismissed.
B. Applications for release from 1979 to 2000
20. On 5 July 1979, on the expiry of the probationary period of 15 years expr
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