Piersack

Piersack v. Belgium, Application No. 8692/79, Judgement of 1 October 1982
In the Piersack case,
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 relevant provisions of the Rules of Court, as a Chamber composed of the following judges:
Mr. G. Wiarda,President, Mr. W. Ganshof van der Meersch, Mr. G. Lagergren, Mr. L. Liesch, Mr. F. Gölcüklü, Mr. J. Pinheiro Farinha, Mr. R. Bernhardt,
and also Mr. M.-A. Eissen, Registrar, and Mr. H. Petzold, Deputy Registrar,
Having deliberated in private on 25 and 26 March and on 21 September 1982,
Delivers the following judgment, which was adopted on the last- mentioned date:
PROCEDURE
1. The Piersackcase was referred to the Court by the European Commission of Human Rights ("the Commission"). The case originated in an application (no. 8692/79) against the Kingdom of Belgium lodged with the Commission on 15 March 1979 under Article 25 (art. 25) of the Convention by a Belgian national, Mr. Christian Piersack.
2. The Commission's request was lodged with the registry of the Court on 14 October1981, within the period of three months laid down by Articles 32 § 1 and 47 (art. 32-1, art. 47). The request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby the Kingdom of Belgium recognised the compulsory jurisdiction of the Court (Article 46) (art. 46). The purpose of the request is to obtain a decision as to whether or not the facts of the case disclose abreach by the respondent State of its obligations under Article 6 § 1 (art. 6-1).
3. The Chamber of seven judges to be constituted included, as ex officio members, Mr. W. Ganshof van der Meersch, the elected judge of Belgian nationality (Article 43 of the Convention) (art. 43), and Mr. G. Wiarda, the President of the Court (Rule 21 § 3 (b) of the Rules of Court). On 22 October 1981, the Presidentdrew by lot, in the presence of the Registrar, the names of the five other members, namely Mr. Thór Vilhjálmsson, Mrs. D. Bindschedler-Robert, Mr. L. Liesch, Mr. J. Pinheiro Farinha and Mr. R. Bernhardt (Article 43 in fine of the Convention and Rule 21 § 4) (art. 43). On 25 November, the President exempted Mrs. Bindschedler-Robert from sitting; thereafter she was replaced by Mr. F. Gölcüklü, thefirst substitute judge (Rules 22 § 1 and 24 § 4).
4. Mr. Wiarda, who had assumed the office of President of the Chamber (Rule 21 § 5), ascertained, through the Registrar, the views of the Agent of the Government and the Delegate of the Commission regarding the procedure to be followed. On 1 December 1981, having particular regard to their concurring statements, the President decided that it was notnecessary for memorials to be filed; in addition, he directed that the oral proceedings should open on 25 March 1982.
On 29 January and 8 March 1982, acting on the President's instructions, the Registrar invited the Commission and the Government to supply several documents and also particulars on a factual aspect of the case; these were received on 3 February, 16 February, 2 March and 9 March.5. The hearings were held in public at the Human Rights Building, Strasbourg, on 25 March. Immediately before their opening, the Chamber had held a preparatory meeting.
There appeared before the Court:
- for the Government:
Mr. J. Niset, Legal Adviser at the Ministry of Justice, Agent, Miss Anne de Bluts, avocat, Counsel;
- for the Commission:
Mr. G. Tenekides, Delegate, Mr. M.Lancaster, the applicant's lawyer before the Commission, assisting the Delegate (Rule 29 § 1, second sentence, of the Rules of Court).
The Court heard their arguments and observations as well as their replies to questions put by the Court and one of its members. A supplementary written reply from the Agent of the Government was received by the Registrar on 1 June 1982.
6. At the deliberations on 21...