ŽDANOKA v. LATVIA JUDGMENT
2
5. On 1 November 2001 the Court changed the composition of its
sections (Rule 25 § 1). This case was assigned to the newly composed First
Section (Rule 52 § 1). Within that Section, the Chamber that would consider
the case (Article 27 § 1 of the Convention) was constituted as provided in
Rule 26 § 1.
6. By a decision of 6 March 2003, the Chamber declared the application
partly admissible.
7. On 17 June 2004, following a hearing on the merits (Rule 59 § 3), a
Chamber of the First Section, composed of Christos Rozakis, President,
Peer Lorenzen, Giovanni Bonello, Françoise Tulkens, Egils Levits, Anatoly
Kovler, Vladimiro Zagrebelsky, judges, and Søren Nielsen, Section
Registrar, delivered a judgment in which it held, by five votes to two, that
there had been a violation of Article 3 of Protocol No. 1 and Article 11 of
the Convention, and that it was not necessary to examine separately the
applicant’s complaint under Article 10 of the Convention. The Chamber
also decided, by five votes to two, to award compensation for pecuniary
damage in the amount of 2,236.50 lati, non-pecuniary damage in the amount
of 10,000 euros (EUR), and legal costs and expenses in the amount of EUR
10,000. The dissenting opinions of Judges Bonello and Levits were annexed
to the judgment.
8. On 17 September 2004 the Government requested, in accordance with
Article 43 of the Convention, that the case be referred to the Grand
Chamber. A panel of the Grand Chamber accepted this request on
10 November 2004.
9. The composition of the Grand Chamber was determined according to
the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24.
10. A hearing took place in public in the Human Rights Building,
Strasbourg, on 1 June 2005 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Ms I. REINE,
Mr E. PLAKSINS,
Agent,
Counsel;
(b) for the applicant
Mr W. BOWRING,
Counsel.
The Court heard addresses by Mr Bowring and Ms Reine.