TEIXEIRA DE CASTRO JUDGMENT OF 9 JUNE 1998
2
proceedings and designated the lawyer who would represent him (Rule 31).
The lawyer was given leave by the President to use the Portuguese language
(Rule 28 § 3).
3. The Chamber to be constituted included ex officio Mr M.A. Lopes
Rocha, the elected judge of Portuguese nationality (Article 43 of the
Convention), and Mr R. Ryssdal, the President of the Court (Rule 21
§ 4 (b)). On 28 April 1997, in the presence of the Registrar, the President
drew by lot the names of the other seven members, namely
Mr A. Spielmann, Mr N. Valticos, Mrs E. Palm, Mr I. Foighel,
Mr A.N. Loizou, Mr B. Repik and Mr V. Butkevych (Article 43 in fine of
the Convention and Rule 21 § 5). Subsequently Mr R. Bernhardt, the VicePresident of the Court, replaced Mr Ryssdal, who had died on 18 February
1998 (Rule 21 § 6, second sub-paragraph).
4. As President of the Chamber (Rule 21 § 6), Mr Ryssdal, acting
through the Registrar, had consulted the Agent of the Government, the
applicant’s lawyer and the Delegate of the Commission on the organisation
of the proceedings (Rules 39 § 1 and 40). Pursuant to the order made in
consequence, the Registrar received the Government’s and the applicant’s
memorials on 20 and 22 October 1997 respectively. On 12 November and
5 December 1997, in two documents filed after the time-limit fixed for the
lodging of memorials, the applicant set out his claims under Article 50 of
the Convention. On 26 March 1998 the Court nonetheless decided to
consider them. In a letter of 17 November 1997 the Secretary to the
Commission informed the Registrar that the Delegate would submit his
observations at the hearing.
5. On 16 November 1997 Mr Ryssdal granted leave to Justice, a nongovernmental human-rights organisation whose head office is in London, to
submit written comments subject to its complying with certain conditions.
The comments were received at the registry on 30 January 1998.
6. On 30 January 1998 the Commission produced the file on the
proceedings before it, as requested by the Registrar on the President’s
instructions.
7. In accordance with the President’s decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 24 March 1998. The
Court had held a preparatory meeting beforehand.
There appeared before the Court:
(a) for the Government
Mr A. HENRIQUES GASPAR, Deputy Attorney-General,
Mr M. SIMAS SANTOS, Deputy Attorney-General,
Supreme Court,
(Criminal Division),
(b) for the Commission
Mr I. CABRAL BARRETO,
Agent,
Adviser;
Delegate;