SISOJEVA AND OTHERS v. LATVIA JUDGMENT
3
11. On 16 June 2005 a Chamber of the First Section, composed of
Mr C.L. Rozakis, President, Mrs F. Tulkens, Mrs N. Vajić, Mr A. Kovler,
Mr V. Zagrebelsky and Mrs E. Steiner, judges, Mrs J. Briede, ad hoc judge,
and of Mr S. Nielsen, Section Registrar, delivered a judgment in which it
held as follows: by five votes to two, that the applicants could claim to be
“victims” for the purposes of Article 34 of the Convention; by five votes to
two, that there had been a violation of Article 8 of the Convention; and by
six votes to one, that the respondent Government had not failed to comply
with their obligations under Article 34 of the Convention. The Chamber
also decided, by five votes to two, to award each of the three applicants
5,000 euros (EUR) in respect of non-pecuniary damage. The partly
dissenting opinion of Mr Kovler and the joint dissenting opinion of
Mrs Vajić and Mrs Briede were annexed to the judgment.
12. On 16 September 2005 the Government requested that the case be
referred to the Grand Chamber under Article 43 of the Convention. On
30 November 2005 a panel of the Grand Chamber granted the request.
13. The composition of the Grand Chamber was determined according
to the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24 of
the Rules of Court. On 3 May 2006 Mr I. Cabral Barreto, substitute judge,
replaced Mr C.L. Rozakis, who was unable to take part in the further
consideration of the case (Rule 24 § 3). In the same manner, on 4 October
2006, Mr M. Pellonpää, substitute judge, replaced Mr L. Caflisch.
14. A hearing took place in public in the Human Rights Building,
Strasbourg, on 24 May 2006 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mrs I. REINE,
Mrs S. KAULIŅA,
Mrs M. ZVAUNE,
Mr K. ĀBOLIŅŠ,
(b) for the applicants
Mr V. PORTNOV,
Mrs G. NILUS,
Mrs Y. BORISOVA,
Mrs M. SAMSONOVA,
Agent,
Counsel,
Advisers;
Counsel,
Advisers;
(c) for the Russian Government
Mr P. LAPTEV, representative of the Russian Federation at the Court,
Mr Y. BERESTNEV,
Mr D. SPIRIN,
Counsel,
Adviser.
Mr M. VINOGRADOV,