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 Jonathan Moore, was born in 1973 and is resident in Scotland and the second applicant, Mr Garrick Gordon, was born in 1953 and is resident in Cornwall. 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 10 June and 7 August 1997 and were registered on 16 June and 18 August 1997 under file nos. 36529/97 and 37393/97, 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. The first applicant also submitted that he was denied a voice in the choice of venue for his court-martial.

On 20 May 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 21 August 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 2 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 Royal Air Force and were tried by district courts-martial convened pursuant to the Air Force Act 1955 (“the 1955 Act”).

Mr Moore was found guilty of common assault contrary to the Criminal Justice Act 1988 and he was fined £400, although the 1988 Act provides for a maximum sentence of six months’ imprisonment (see paragraph 16 below). His subsequent petitions and appeals, as far as the single judge of the Courts-Martial Appeal Court, were unsuccessful.

Mr Gordon was found guilty of two charges of disgraceful conduct of an indecent kind (in the nature of indecent exposure, contrary to section 66 of the 1955 Act) and he was sentenced to a reduction in rank, although section 66 provides for a maximum sentence of two years’ imprisonment (see paragraph 16 below). His subsequent petitions and appeals, as far as the full Courts-Martial Appeal Court, were unsuccessful.