The European Court of Human Rights in Strasbourg will conduct a private review of the trial and prison sentence imposed on the two boys who murdered James Bulger in 1993, their lawyers confirmed yesterday. The decision not to hold a full public hearing next month came after lawyers for Robert Thompson and Jon Venables argued that adverse publicity could affect their rehabilitation.
James Bulger's parents, Ms Denise Fergus and Mr Ralph Bulger, will not be present at the hearing on September 15th, but in an unusual step last month, the president of the European Court of Human Rights, Mr Luzius Wildhaber, allowed a written report on their behalf, citing victims' rights in the trial and sentencing process, to be admitted into to the court. Mr Bulger's solicitor, Mr Robin Makin, said he had prepared a 10-page report for the court with the approval of Ms Fergus's solicitor, Mr Sean Sexton. "Mr Bulger is philosophical about the matter," Mr Makin said yesterday.
"He would have preferred a full public hearing with the right to participate directly, but at least the victims' rights have been put before the court in general terms so they can consider the matter with some reference to what victims' rights and interests should be."
Thompson and Venables, now aged 16, were convicted in 1993 of the abduction and murder of two-year-old James Bulger and were sentenced to a minimum of 10 years.
Last year the House of Lords ruled that the then Conservative Home Secretary, Mr Michael Howard, acted illegally when he increased their minimum sentence to 15 years and last month their lawyers condemned Mr Howard for fuelling the "fire of public indignation" by his decision.
When the European Court re views the case, it will be able to force the British courts to retry the case or order their release, but it will consider whether the conduct of their original trial at Preston Crown Court and the sentencing process contravened Article 6 of the European Convention on Human Rights.
Moreover, the British government could be forced to rethink the role of the Home Secretary in the sentencing of convicted juveniles and the conduct of trials involving juveniles, if it is found their rights were contravened under Article 6.
Mr Dominic Lloyd, the lawyer representing Thompson, explained that the order for privacy lodged with the European Court was a joint application with Venables's lawyer, Mr John Dickinson.
"The very fact that we want the hearing in private means we cannot discuss the reasons for the application, except to say they are matters that have a direct bearing on Robert Thompson's rehabilitation, which would be adversely affected if they were to be made public."