O'HALLORAN AND FRANCIS - 15809/02

Mr J.-P. Costa, President, Mr L. Wildhaber, Mr C.L. Rozakis, Sir Nicolas Bratza, Mr B.M. Zupančič, Mr R. Türmen, Mr V. Butkevych, Mr J. Casadevall, Mr M. Pellonpää, Mrs S. Botoucharova, Mr S. Pavlovschi, Mr L. Garlicki, Mr J. Borrego Borrego, Mrs A. Gyulumyan, Ms L. Mijović, Mr E. Myjer, Mr J. Šikuta, judges, and Mr V. Berger, Jurisconsult ,

The case originated in two applications (nos. 15809/02 and 25624/02) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two British nationals, Mr Gerard O'Halloran and Mr Idris Richard Francis (“the applicants”), on 3 April 2002 and 15 November 2001 respectively.

The applicants, one of whom had been granted legal aid, were represented by Mr J. Welch of Liberty, London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr D. Walton, Foreign and Commonwealth Office, London.

Mr O'Halloran alleged that he was convicted solely or mainly on account of the statement he was compelled to provide under threat of a penalty similar to the offence itself. Mr Francis complained that being compelled to provide evidence of the offence he was suspected of committing infringed his right not to incriminate himself. Both applicants relied on Article 6 §§ 1 and 2 of the Convention.

The composition of the Grand Chamber was determined according to the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24 of the Rules of Court. On 19 January 2007 Mr Wildhaber's term as President of the Court came to an end. Mr Costa succeeded him in that capacity and took over the presidency of the Grand Chamber in the present case (Rule 9 § 2). Mr. Wildhaber and Mr. Pellonpää continued to sit following the expiry of their terms of office, in accordance with Article 23 § 7 of the Convention and Rule 24 § 4.