PROCEDURE

The case originated in two applications against the United Kingdom lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The first applicant, Mr David Smith, was born in 1946 and is resident in Doncaster and the second applicant, Mr Darren Ford, was born in 1974 and is resident in Gloucestershire. Both applicants are British nationals and were represented before the Court by Mr Gilbert Blades, a solicitor practising in Lincoln. The applications were introduced on 18 August and 10 December 1997 and were registered on 25 August and 19 December 1997 under file nos. 37475/97 and 39036/97, respectively. The applicants complained, under Article 6 § 1 of the Convention, that they were denied a fair and public hearing by an independent and impartial tribunal established by law.

On 10 September 1998 the Commission (First Chamber) decided to give notice of the applications to the respondent Government and invited them to submit their observations on their admissibility and merits. The Government, represented by Mr Martin Eaton, Agent, Foreign and Commonwealth Office, responded by letter dated 20 November 1998, stating that the Government did not have any observations to make on the admissibility of the applications in light of the judgment of this Court in the Findlay v. the United Kingdom case (25 February 1997, Reports of Judgments and Decisions 1997-I, no. 30).

Following the entry into force of Protocol No. 11 to the Convention on 1 November 1998 and in accordance with the provisions of Article 5 § 2 thereof, the applications fell to be examined by the Court.

In accordance with Rule 52 § 1 of the Rules of Court, the President of the Court, Mr L. Wildhaber, assigned the cases to the Third Section. The Chamber constituted within the Section included Sir Nicolas Bratza, the judge elected in respect of the United Kingdom (Article 27 § 2 of the Convention and Rule 26 § 1(a) of the Rule of Court) and Mr J.-P. Costa, the President of the Chamber (Rules 12 and 26§ 1(a)). The other members designated by the latter to complete the Chamber were Mr L. Loucaides, Mr P. Kūris, Mr W. Fuhrmann, Mrs H.S. Greve and Mr K. Traja (Rule 26 § 1 (b)).

On 30 March 1999 the Chamber decided to join the cases and not to hold a hearing on the merits. The Chamber also declared the applications admissible.

AS TO THE FACTS

1. The circumstances of the case

At the time of the events in question, both applicants were serving in the British Army. Mr Smith was tried by a general court-martial and Mr Ford was tried by a district court-martial, both courts-martial having been convened pursuant to the Army Act 1955 (“the 1955 Act”).

Mr Smith was found guilty of, inter alia, four disciplinary offences of conduct to the prejudice of good order and military discipline contrary to section 69 of the 1955 Act. He was sentenced to be dismissed from the army, although section 69 provides for a maximum sentence of two years’ imprisonment (see paragraph 17 below).

Mr Ford was found guilty of, inter alia, three counts of common assault contrary to Criminal Justice Act 1988 and he was sentenced to six months’ imprisonment.

The applicants’ subsequent petitions and appeals, as far as the full Courts-Martial Appeal Court, were unsuccessful.