CEDH · PRESS;GENERAL;ENG — 21 mars 2000

.s800EAC49 { font-size:12pt } .s2B56480 { margin-top:0pt; margin-bottom:0pt; text-align:center; line-height:99% } .s29100277 { font-family:Arial; font-weight:bold } .sA2BD4F18 { margin-top:0pt; margin-bottom:0pt; text-align:justify; line-height:99% } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s76CF415B { page-break-before:always; clear:both } .s3F71BD45 { margin-top:0pt; margin-bottom:0pt; line-height:99% } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD35C6159 { width:1.54pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     196   21.3.2000   Press release issued by the Registrar   HEARING IN THE CASE OF CONSTANTINESCU v. ROMANIA   Tuesday, 21 March 2000, at 9.30 a.m.     The applicant   The case concerns an application brought by a Romanian national, Mihail Constantinescu, who was born in 1945 and lives in Bucharest (Romania). He is a teacher.   Summary of the facts   This case concerns the applicant’s conviction for criminal defamation. He was the president of a teachers’ trade union and was prosecuted following the publication in the press of comments he had made regarding internal disputes in the union and the functioning of the judicial system. He had used the term “receivers of stolen goods” when referring to three teachers, members of the previous trade-union leadership, who had refused to return money belonging to the union after the election of new leaders. The union had lodged a criminal complaint against them.   The applicant was acquitted by the Bucharest Court of First Instance on 18 March 1994. On appeal, the applicant was convicted on 10 October 1994 by the Bucharest Regional Court, which held that he had intended to defame since he must have been aware when making his comments in the journalists’ presence that the prosecution had dropped the charges against the three people concerned.   Complaints   The applicant alleges a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. He maintains that he was not allowed to prove that his comments were true and had not been informed that the charges had been dropped by the prosecution when the article appeared.   He also complains that he was denied a fair hearing before the Bucharest Regional Court and alleges a violation of Article 6 § 1 of the Convention. He maintains that he was not heard by that court, which had relied solely on the file before the first instance-court, and complains that the regional court made no reference in its decision to the statements of the defence witnesses.     Procedure   The application was lodged with the European Commission of Human Rights on 4 April 1995. Having declared the application partly admissible, the Commission adopted a report on 19 April 1999 in which it expressed the opinion that there had been a violation of Article 6 (unanimously) and no violation of Article 10 (twenty-one votes to seven). It referred the case to the Court on 11 September 1999. The applicant also brought the case before the Court on 21 July 1999.   Composition of the Court   On 7 July 1999 the Panel of the Grand Chamber assigned the case to a Chamber, composed as follows:   Josep Casadevall (Andorran), President , Luigi Ferrari Bravo [1] (Italian), Gaukur Jörundsson (Icelandic), Riza Türmen (Turkish), Wilhelmina Thomassen (Dutch), Rait Maruste (Estonian), Judges , Şerban Beligrădeanu (Romanian), ad hoc Judge , Boštjan Zupančič (Slovenian), Tudor Panţîru (Moldovan), Substitute Judges ,   and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government:   Roxana Rizoiu , Agent ,   Cristina Tarcea ,   Titus Corlăţean , Advisers ;   Applicant:   Corneliu Dinu , Counsel .   The applicant, Mihail Constantinescu , will also attend the hearing.   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] Judge elected in respect of San Marino.