European Court Human Rights: Case Of Kokkinakis V. Greece

COURT (CHAMBER)






CASE OF KOKKINAKIS v. GREECE

(Application no. 14307/88)






JUDGMENT



STRASBOURG

25 May 1993


In the case of Kokkinakis v. Greece∗,
The European Court of Human Rights, sitting, in accordance with Article 43 (art. 43) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention")∗∗ and the relevantprovisions of the Rules of Court, as a Chamber composed of the following judges:
Mr R. RYSSDAL, President,
Mr R. BERNHARDT,
Mr L.-E. PETTITI,
Mr J. DE MEYER,
Mr N. VALTICOS,
Mr S.K. MARTENS,
Mr I. FOIGHEL,
Mr A.N. LOIZOU,
Mr M.A. LOPES ROCHA,
and also of Mr M.-A. EISSEN, Registrar, and Mr H. PETZOLD, Deputy Registrar,
Having deliberated in private on 27 November 1992 and 19April 1993,
Delivers the following judgment, which was adopted on the last-mentioned date:
PROCEDURE
1. The case was referred to the Court by the European Commission of Human Rights ("the Commission") on 21 February 1992, within the three-month period laid down in Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the Convention. It originated in an application (no. 14307/88) against theHellenic Republic lodged with the Commission under Article 25 (art. 25) by a Greek national, Mr Minos Kokkinakis, on 22 August 1988.
The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby Greece recognised the compulsory jurisdiction of the Court (Article 46) (art. 46). The object of the request was to obtain a decision as to whether the facts ofthe case disclosed a breach by the respondent State of its obligations under Articles 7, 9 and 10 (art. 7, art. 9, art. 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 designated the lawyer who would represent him (Rule 30).
3. The Chamber to be constituted included exofficio Mr N. Valticos, the elected judge of Greek nationality (Article 43 of the Convention) (art. 43), and Mr R. Ryssdal, the President of the Court (Rule 21 para. 3 (b)). On 27 February 1992, in the presence of the Registrar, the President drew by lot the names of the other seven members, namely Mr R. Bernhardt, Mr L.-E. Pettiti, Mr J. De Meyer, Mr S.K. Martens, Mr I. Foighel, Mr A.N. Loizou andMr M.A. Lopes Rocha (Article 43 in fine of the Convention and Rule 21 para. 4) (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 Greek Government ("the Government"), the Delegate of the Commission and the applicant’s lawyer on the organisation of the proceedings (Rules 37 para. 1 and 38). Pursuant to theorder made in consequence, the Registrar received the applicant’s and the Government’s memorials on 12 August 1992. On 17 September the Secretary to the Commission informed the Registrar that the Delegate would submit his observations at the hearing.
On 13 August the Commission had produced various documents, as asked by the Registrar at the Government’s request.
5. In accordance with thePresident’s decision, the hearing took place in public in the Human Rights Building, Strasbourg, on 25 November 1992. The Court had held a preparatory meeting beforehand.
There appeared before the Court:
- for the Government
Mr P. GEORGAKOPOULOS, Senior Adviser,
Legal Council of State, Delegate of the Agent,
Mr A. MARINOS, Judge
of the Supreme Administrative Court, Counsel;
- for theCommission
Mr C.L. ROZAKIS, Delegate;
- for the applicant
Mr P. VEGLERIS, dikigoros (lawyer) and Emeritus Professor,
University of Athens, Counsel,
Mr P. BITSAXIS, dikigoros (lawyer), Adviser.
The Court heard addresses by Mr Georgakopoulos and Mr Marinos for the Government, Mr Rozakis for the Commission and Mr Vegleris and Mr Bitsaxis for the applicant, as well as replies to its...