CEDH · PRESS;HEARINGS;ENG — 10 décembre 1998

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sD35C6159 { width:1.54pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS       798   10.12.1998   Press release issued by the Registrar   HEARING IN THE CASE OF BUSCARINI AND OTHERS v. SAINT-MARINO   Thursday 10 December 1998 at 3 p.m.     The applicants     The case concerns an application (no. 24645/94) brought by three San Marinese citizens, Cristoforo Buscarini, Emilio Della Balda and Dario Manzaroli, who were born in 1943, 1937 and 1953 respectively and who live in San Marino. They are, respectively, a civil servant, a financial expert and a doctor.   Summary of the facts     On 18 June 1993, the applicants, who had been elected to the San Marinese Parliament (“ Consiglio Grande e Generale ”), took their oath of office in writing without referring to the Gospels. On 26 July 1993, the Parliament ordered the applicants to take the oath afresh, this time on the Gospels, or forfeit their seats under section 55 of the Elections Act. The applicants complied with this dictate, albeit complaining, inter alia , that their freedom of religion and conscience guaranteed by Article 9 of the European Convention on Human Rights had been violated.     In October 1993, Law No. 115 introduced a choice for Members of Parliament between the oath as traditionally worded and one in which the reference to the Gospels is replaced by the words “on my honour”. However, the traditional wording is still required for other categories of public office.   Complaints     The applicants complain that ordering them to swear on the Gospels on pain of forfeiting their parliamentary seats constituted a violation of their right to freedom of religion and conscience under Article 9 of the Convention.   Procedure     The application was lodged with the European Commission of Human Rights on 17   November 1993. Having found the application admissible, the Commission adopted a report on 2 December 1997 in which it established the facts and expressed the unanimous opinion that there had been a violation of Article 9. The case was referred to the old Court by the Government of the Republic of Saint-Marino, as well as by the first two applicants. Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the case was transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol, on 1 November 1998. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber   (Swiss), President , Elisabeth Palm   (Swedish), Vice-President , Luigi Ferrari Bravo   (Italian), Lucius Caflisch   (Swiss), Pranas Kūris   (Lithuanian), Jean-Paul Costa   (French), Willi Fuhrmann   (Austrian), Karel Jungwiert   (Czech), Marc Fischbach   (Luxemburger), Boštjan Zupančič   (Slovenian), Nina Vajić   (Croatian), Wilhelmina Thomassen   (Dutch), Margarita Tsatsa-Nikolovska   (FYROMacedonia), Tudor Pantiru   (Moldovian), Egils Levits   (Latvian), Kristaq Traja   (Albanian), Snejana Botoucharova   (Bulgarian), Judges , Jerzy Makarczyk   (Polish), Volodymyr Butkevych   (Ukrainian), Substitute Judges ,   and also Maud de   Boer-Buquicchio , Deputy Registrar .   Representatives of the parties   Government:   Mr Lucio Leopoldo Daniele , Agent , and Mr Guido Ceccoli , co-Agent .   The Commission will be represented by Mr Roberto Nicolini .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Roderick Liddell Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91