CABALLERO v. THE UNITED KINGDOM - 32819/96

The European Court of Human Rights, sitting, in accordance with Article 27 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), as amended by Protocol No. 11 [1] , and the relevant provisions of the Rules of Court [1] , as a Grand Chamber composed of the following judges:

The Commission’s request referred to former Articles 44 and 48 and to the declaration whereby the United Kingdom recognised the compulsory jurisdiction of the Court (former Article 46). The object of the request was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 5 §§ 3 and 5 of the Convention taken both alone and in conjunction with Article 13 and under Article 14 of the Convention taken in conjunction with Article 5 § 3.

Having been designated before the Commission by the initials C.C., the applicant subsequently agreed to the disclosure of his name by the Court.

Subsequently Sir Nicolas Bratza, 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 Sir Robert Carnwath to sit as an ad hoc judge (Article 27 § 2 of the Convention and Rule 29 § 1). Later Mr G. Bonello, substitute judge, replaced Mr Türmen, who was unable to take part in the further consideration of the case (Rule 24 § 5 (b)).

After consulting the Agent of the Government and the applicant’s representative, the Grand Chamber decided to dispense with a hearing in the case, being of the opinion that the discharging of its functions under Article 38 § 1 (a) of the Convention did not require one to be held (Rule 59 § 2).