2
MALONE v. THE UNITED KINGDOM JUGDMENT
Northern Ireland lodged with the Commission on 19 July 1979 under
Article 25 (art. 25) by a United Kingdom citizen, Mr. James Malone.
2. The Commission’s request referred to Articles 44 and 48 (art. 44, art.
48) and to the declaration whereby the United Kingdom recognised the
compulsory jurisdiction of the Court (Article 46) (art. 46). The object of the
request was to obtain a decision as to whether the facts of the case disclosed
a breach by the respondent State of its obligations under Articles 8 and 13
(art. 8, art. 13) of the Convention.
3. In response to the inquiry made in accordance with Rule 33 para. 3
(d) of the Rules of Court, Mr. Malone stated that he wished to participate in
the proceedings pending before the Court and designated the lawyers who
would represent him (Rule 30).
4. The Chamber of seven judges to be constituted included, as ex officio
members, Sir Vincent Evans, the elected judge of British nationality (Article
43 of the Convention) (art. 43), and Mr. G. Wiarda, the President of the
Court (Rule 21 para. 3 (b)). On 27 May 1983, the President of the Court
drew by lot, in the presence of the Registrar, the names of the five other
members, namely Mr. M. Zekia, Mrs. D. Bindschedler-Robert, Mr. G.
Lagergren, Mr. R. Bernhardt and Mr. J. Gersing (Article 43 in fine of the
Convention and Rule 21 para. 4) (art. 43) .
Mr. Zekia and Mr. Bernhardt, who were prevented from taking part in
the consideration of the case, were subsequently replaced by Mr. B. Walsh
and Mr. E. García de Enterría, substitute judges (Rules 22 para. 1 and 24
para. 1).
5. Mr. Wiarda assumed the office of President of the Chamber (Rule 21
para. 5). He ascertained, through the Registrar, the views of the Agent of the
Government of the United Kingdom ("the Government"), the Delegate of
the Commission and the lawyers for the applicant regarding the need for a
written procedure. On 24 June, he directed that the Agent and the lawyers
for the applicant should each have until 16 September to file a memorial and
that the Delegate should be entitled to file, within two months from the date
of the transmission to him by the Registrar of whichever of the aforesaid
documents should last be filed, a memorial in reply (Rule 37 para. 1).
On 14 September, the President extended until 14 October each of the
time-limits granted to the Agent and the applicant’s lawyers.
6. The Government’s memorial was received at the registry on 14
October, the applicant’s memorial on 25 October. The Secretary to the
Commission informed the Registrar by letter received on 22 December that
the Delegate did not wish to file any written reply to these memorials but
would be presenting his comments at the hearings.
7. On 27 October, the Chamber unanimously decided to relinquish
jurisdiction forthwith in favour of the plenary Court (Rule 50). On the same
day, after consulting, through the Registrar, the Agent of the Government,
the Delegate of the Commission and the lawyers for the applicant, the