CEDH · PRESS;GENERAL;ENG — 1 juillet 2003

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .sE926D4E4 { width:22.95pt; text-indent:0pt; display:inline-block } .s3140822A { width:7.02pt; text-indent:0pt; display:inline-block } .sA811EDB0 { width:12.6pt; text-indent:0pt; display:inline-block } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     361   1.7.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE ADMISSIBILITY AND MERITS IN THE CASES OF SIDABRAS AND DŽIAUTAS v. LITHUANIA   Tuesday 1 July 2003 at 2.30 p.m.   The applicants   The cases concern applications (nos. 55480/00 and 59330/00) brought by Juozas Sidabras, who was born in 1951 and lives in Šiauliai (Lithuania), and Kęstutis Džiautas, who was born in 1962 and lives in Vilnius (Lithuania). They are both Lithuanian nationals.   Summary of the facts   Both applicants are former employees of the KGB (Lithuanian branch), Mr Sidabras having been employed from 1975 to 1986 and Mr   Džiautas from 1985 to 1991. After Lithuania regained independence in 1990, Mr   Sidabras found employment as a tax inspector at the Inland Revenue. From 1991 Mr   Džiautas worked as a prosecutor at the Office of the Prosecutor General of Lithuania, investigating organised crime and corruption cases in particular.   In May 1999 two authorities (the Lithuanian State Security Department and the Centre for the Research of Genocide of the Lithuanian People) reached a joint conclusion that the applicants were subject to restrictions under section 2 of the Soviet Security Officers Present Activities Act regarding their employment possibilities because they were former employees of the KGB. Mr   Sidabras was dismissed from the Inland Revenue on 2 June 1999 and Mr   Džiautas was dismissed from the Office of the Prosecutor General on 31   May 1999.   The applicants brought an administrative action claiming that the authorities had acted unlawfully in dismissing them and restricting their employment prospects.   On 9 September 1999 the Higher Administrative Court held that Mr Sidabras’s dismissal had been justified. His appeals against that decision failed. On 6 August 1999 the Higher Administrative Court granted Mr Džiautas’s claim and reinstated him. On 25 October 1999, on an appeal by the security intelligence authorities, the Court of Appeal quashed the Higher Administrative Court’s judgment of 6 August 1999. Mr Džiautas appealed unsuccessfully to the Supreme Court.   Complaints   Under Article 6 (right to a fair hearing within a reasonable time) and Article 7 (no punishment without law) of the European Convention on Human Rights, the applicants complain about the legal proceedings concerning their dismissal from their job. Relying on Article 8 (right to respect for private and family life), they also complain about the current ban on their employment in the public service or certain spheres of the private sector.   Mr Sidabras complains further that his dismissal under the Act breached Article 14 (prohibition of discrimination). Mr Džiautas alleges further, under Article 6, that he was denied access to the Supreme Court. He also alleges that his dismissal and the restriction of his employment prospects were incompatible with Article 10 (freedom of expression) combined with Article 14.     Procedure   The first application was lodged with the European Court of Human Rights on 29 November 1999 and the second application was lodged on 5 July 2000.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Loukis Loucaides (Cypriot), President , Jean-Paul Costa (designated to sit in respect of Lithuania), Corneliu Bîrsan (Romanian), Karel Jungwiert (Czech), Volodymyr Butkevych (Ukrainian), Wilhelmina Thomassen (Netherlands), Antonella Mularoni (San Marinese), judges , András Baka (Hungarian) , Gaukur Jörundsson (Icelandic) , Mindia Ugrekhelidze (Georgian) , substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government:     Danutė Jočienė , Agent and Darius Arbačiaukas , Counsel ;   First applicant:     Egidijus Morkūnas , Counsel ; Second applicant:   Vygantas Barkauskas , Counsel .     ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility - and, if appropriate, a judgment - will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Joanna Reynell (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (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.