The Gazette 1977

GAZETTE

MAY-JUNE

The 126th Session of the European

Commission of Human Rights

(Strasbourg, Monday, 28 February—Friday, 11 March,

1977)

The 126th Session of the European Commission of

Human Rights was held at Strasbourg at the Human

Rights Building from 28 February to 11 March 1977. At

the close of the Session the Secretary to the Commission

gave the following information on matters dealt with in

the Commission:

The Commission considered some 160 individual

applications (Art. 25 of the European Convention on

Human Rights).

A. Examination of admissibility

1. Applications declared admissible

Four applications were declared admissible by the

Commission:

L A r t i c 0 v U a l y

The admitted complaint under Art. 6 (3) (c) of the

Convention concerns the lack of legal assistance in

criminal proceedings against the applicant before the

Court of Cassation.

De Weer

Belgium

The applicant, a butcher, was charged with offences

under the price legislation and informed that his shop

would be provisionally closed. The Public Prosecutor

offered to discontinue the proceedings if the applicant

paid a fine of 10,000 BF within ten days. The applicant

accepted in order to avoid the closure of his shop. He

invokes in particular Art. 6 of the Convention.

X and Y v. Belgium

(Application No. 7238/75).

The applicants, Belgian doctors, complain of

disciplinary proceedings against them as being contrary

to Art. 6 of the Convention; they also invoke Art. 11. The

application was joined with an earlier application raising

the same issues.

Guzzardi v. Italy

The applicant complains of his confinement to an

Italian island as a security measure.

II.

Applications declared inadmissible or struck off the

list

1. Ordinary proceedings

After substantial deliberations the Commission

declared 22 applications inadmissible and struck three

applications of its list of cases. The following were among

the applications declared inadmissible:

(1) three applications (Nos. 6782-6784 / 74)

concerning criminal convictions for indecent

publications in Belgium;

(2) an application (No. 6832/74) concerning trade

union benefits in Sweden;

(3) an application (No. 6853/74) concerning

education in Swedish municipal nursery schools;

(4) an application (No. 6930/75) concerning

representation through a guardian in court

proceedings in Norway;

(5) two applications (Nos. 7126 and 7573/76)

complaining of exposure to anti-riot gas in Long

Kesh, Northern Ireland, in 1974;

(6) an application (NO. 7130/75) complaining of the

taking of evidence in a Belgian court;

(7) an application (No. 7704/76) concerning the

treatment of gypsies of the Kalderas tribe, who had

come from the Netherlands, in the Federal

Republic of Germany.

Summary proceedings

The Commission also declared 69 applications

inadmissible and struck off its list of cases six applications

in the summary procedure which it uses in cases which do

not raise any special problems.

III.

Applications communicated to Governments

The Commission decided to bring ten applications to

the notice of the respondent Governments inviting them to

submit their written observations on die admissibility of these

applications. Among these applications were:

(1) two applications (Nos. 6973 and 7368/76)

concerning alleged assaults by prison officers and

subsequent attempts to take legal action in the

United Kingdom;

(2) an application (No. 7262/75) concerning detention

on remand and subsequent detention as a mental

patient in Belgium;

(3) an application (No. 7402/76) concerning a trial in

the United Kingdom;

(4) an application (No. 7408/76) concerning the treat-

ment of a remand prisoner in a German prison;

(5) an application (No. 7654/76) concerning the

refusal of the Belgian authorities to modify the

birth certificate of a person on the ground that he

had changed his sex;

(6) an application (No. 7710/76) complaining that the

applicant, following his arrest in Switzerland, was

not brought promptly before a "judge or other of-

ficer authorised by law to exercise judicial

powers" (Art. 5 (3) of the Convention);

(7) an application (No. 7743/76) concerning corporal

punishment in a secondary school in Scotland;

(8) two applications (nos. 7823 and 7824/76 against

the Federal Republic of Germany and the

Netherlands) concerning the situation of gypsies of

the Kalderas tribe who, having stayed for some

time in Germany, have now been readmitted to the

Netherlands;

IV.

Hearings to be held

In the following cases the Commission decided to hold

a hearing of the parties: