Discrimination

COUNCIL OF EUROPE. EUROPEAN COURT OF HUMAN RIGHTS. Information note # 95 on the case-law of the Court, March 2007, Pages 23.

FACTS

(a)Study the text below, making sure you fully comprehend it:

Since the applicant entered Germany in 1979, he has been convicted some fifteen times, notably of theft and burglary. In 1996, he was sentenced to eight years and six months’ imprisonment. Relying on the expert report, the trial court further ordered the applicant’s preventive detention, considering that he was inclined to commit serious offences and was therefore dangerous for the public. In 1997, the municipal authorities ordered his expulsion to Bulgaria as soon as he had served his sentence and prohibited him from re-entering Germany for an indefinite duration in view of his criminal convictions. The prison declined several times the applicant’s request to undergo social therapy because he was liable to be expelled after having served his prison sentence. Since June 2003, when his prison sentence ended, he is remanded in preventive detention. In 2004, having heard the applicant and the experts, the regional court again decided that his continued preventive detention was still necessary as he was very likely to be recidivist. He appealed unsuccessfully.

NOTES:

foreign national - иностранный подданный

subject to - подлежащий (произведению какой-л. обработки)

imminent - надвигающийся, близкий, грозящий, нависший, неотвратимый, неизбежный, неминуемый

(b) Read the text again and copy the sentences that mean the following:

С тех пор как заявитель прибыл в Германию в 1979 году, он около пятнадцати раз привлекался к уголовной ответственности, в основном за кражу и кражу с проникновением во внутрь. В 1996 году, он был приговорён к восьми годам и шести месяцам лишения свободы. Основываясь на мнении специалистов, суд далее выдал ордер на содержание его в превентивном заключении, считая, что он склонен к совершению серьёзных преступлений и потому опасен для общества. В 1997 году городские власти выдали распоряжение о его высылке в Болгарию сразу же после отбывания срока заключения и запретили ему въезд в Германию на неопределённое время ввиду его преступных убеждений.

(c) Translate the following sentences into Russian:

The prison declined several times the applicant’s request to undergo social therapy because he was liable to be expelled after having served his prison sentence. Since June 2003, when his prison sentence ended, he is remanded in preventive detention. In 2004, having heard the applicant and the experts, the regional court again decided that his continued preventive detention was still necessary as he was very likely to be recidivist. He appealed unsuccessfully.

Answer the questions and make a brief summary of the text:

1) What is case VII about?

2) What kind of and how many offences had the convict committed?

3) What measures were taken against him? Why?

4) What was the municipal authorities’ order? Why?

5) What was the result of the applicant’s appeals?

6) What is your opinion about what had happened?

7) What do you think about the Court’s conclusion?

8) What would be your final judgment if you were an EC judge?