THLIMMENOS v. GREECE - 34369/97

The European Court of Human Rights, sitting as a Grand Chamber composed of the following judges:

The case was referred to the Court in accordance with the provisions applicable prior to the entry into force of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) [1] , by the European Commission of Human Rights (“the Commission”) on 22 March 1999 (Article 5 § 4 of Protocol No. 11 and former Articles 47 and 48 of the Convention).

The Commission declared the application partly admissible on 12 January 1998. In its report of 4 December 1998 (former Article 31 of the Convention), it expressed the opinion that there had been a violation of Article 9 of the Convention taken in conjunction with Article 14 (twenty-two votes to six); that it was not necessary to examine whether there had been a violation of Article 9 taken on its own (twenty-one votes to seven); and that there had been a violation of Article 6 § 1 (unanimously) [2] .

On 31 March 1999 a panel of the Grand Chamber determined that the case should be decided by the Grand Chamber (Rule 100 § 1 of the Rules of Court). Mr C. Rozakis, the judge elected in respect of Greece, who had taken part in the Commission's examination of the case, withdrew from sitting in the Grand Chamber (Rule 28). The Government accordingly appointed Mr G. Koumantos to sit as an ad hoc judge (Article 27 § 2 of the Convention and Rule 29 § 1).

A hearing took place in public in the Human Rights Building, Strasbourg, on 1 December 1999.