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LARSEN v. DENMARK

Doc ref: 23871/94 • ECHR ID: 001-45871

Document date: April 15, 1997

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LARSEN v. DENMARK

Doc ref: 23871/94 • ECHR ID: 001-45871

Document date: April 15, 1997

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

SECOND CHAMBER

Application No. 23871/94

Knud Roland Larsen

against

Denmark

REPORT OF THE COMMISSION

(adopted on 15 April 1997)

TABLE OF CONTENTS

Page

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

PART I : STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 3

PART II : SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 4

INTRODUCTION

1. This Report relates to the application introduced under

Article 25 of the European Convention for the Protection of Human

Rights and Fundamental Freedoms by Knud Roland Larsen against Denmark

on 23 February 1994. It was registered on 14 April 1994 under file

No. 23871/94.

2. The applicant was represented by Jesper Berning, a lawyer

practising in Copenhagen.

3. The Government of Denmark were represented by their Agent,

Mr Laurids Mikaelsen, Ambassador, Head of the Legal Service of the

Ministry of Foreign Affairs.

4. On 16 October 1996 the Commission (Second Chamber) declared the

application admissible in so far as it concerns the length of the

criminal proceedings. The remainder of the application was declared

inadmissible. It then proceeded to carry out its task under Article 28

para. 1 of the Convention which provides as follows:

"In the event of the Commission accepting a petition

referred to it:

a. it shall, with a view to ascertaining the facts,

undertake together with the representatives of the parties

an examination of the petition and, if need be, an

investigation, for the effective conduct of which the

States concerned shall furnish all necessary facilities,

after an exchange of views with the Commission;

b. it shall at the same time place itself at the disposal

of the parties concerned with a view to securing a friendly

settlement of the matter on the basis of respect for Human

Rights as defined in this Convention."

5. The Commission (Second Chamber) found that the parties had

reached a friendly settlement of the case and on 15 April 1997 it

adopted this Report, which, in accordance with Article 28 para. 2 of

the Convention, is confined to a brief statement of the facts and of

the solution reached.

6. The following members were present when the Report was adopted:

Mrs. G.H. THUNE, President

MM. J.-C. GEUS

G. JÖRUNDSSON

A. GÖZÜBÜYÜK

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

M.A. NOWICKI

I. CABRAL BARRETO

J. MUCHA

D. SVÁBY

P. LORENZEN

E. BIELIUNAS

E.A. ALKEMA

A. ARABADJIEV

PART I

STATEMENT OF THE FACTS

7. The applicant is a Danish citizen, born in 1935 and resident in

Risskov, Denmark.

8. In 1988 the local tax authority commenced an investigation into

certain presumed irregularities in the applicant's and his companies'

tax declarations. Police investigations subsequently commenced and the

applicant's home and his companies' offices were searched on

7 November 1989. On 26 April 1993 an indictment was served whereby the

applicant was charged with tax fraud and violations of a number of Acts

on excise duties. By judgment of 2 September 1993 the Ã…rhus City Court

(Retten i Ã…rhus) found the applicant guilty of the charges brought

against him and sentenced him to one year's imprisonment and a fine of

2,000,000 DKK. By judgment of 25 May 1994 the High Court of Western

Denmark (Vestre Landsret) upheld the applicant's conviction and

sentence while reducing, however, the fine to 1,900,000 DKK. Leave to

appeal was refused on 5 April 1995.

9. Before the Commission the applicant complained that the criminal

charges against him were not determined within a reasonable time. He

invoked Article 6 para. 1 of the Convention.

PART II

SOLUTION REACHED

10. Following the decision on the admissibility of the application,

the Commission (Second Chamber) placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 para. 1 (b) of the Convention and invited the parties

to submit any proposals they wished to make.

11. In accordance with the usual practice, the Chamber Secretary,

acting on the Commission's instructions, contacted the parties to

explore the possibilities of reaching a friendly settlement.

12. By letters of 21 November and 20 December 1996 the Government and

the applicant, respectively, indicated their willingness, in principle,

to reach a friendly settlement and they requested the Commission's

assistance concerning the terms of a friendly settlement.

13. By letter of 4 March 1997 the Commission (Second Chamber)

informed the parties that it considered that it would be appropriate

to settle the case on the basis of an offer made by the Government in

their letter of 21 November 1996, i.e. that the Government acknowledge

that Mr Knud Roland Larsen had been a victim of a violation of

Article 6 para. 1 of the Convention and that the Government pay

40,000 DKK to the applicant for non-pecuniary damages and 10,000 DKK

plus value added tax for costs and expenses.

14. By letter of 11 March 1997 the Agent of the Government informed

the Commission as follows:

"With reference to your letter of 4 March 1997 concerning

the above application, I am glad to inform you that the

Government can agree to settle the case on the terms

mentioned in your letter."

15. By letter of 8 April 1997 the applicant's representative informed

the Commission as follows:

"With reference to the Commission's letter dated

4 March 1997 I am happy to announce that my client is

willing to accept the friendly settlement proposal on the

terms stipulated in the above letter.

My client expects to receive a report from the

[Commission], cf. Article 28 of the Convention."

16. At its session on 15 April 1997, the Commission noted that the

parties had reached an agreement regarding the terms of a settlement.

It further considered, having regard to Article 28 para. 1 (b) of the

Convention, that the friendly settlement of the case had been secured

on the basis of respect for Human Rights as defined in the Convention.

17. For these reasons, the Commission adopted the present Report.

M.-T. SCHOEPFER G.H. THUNE

Secretary President

to the Second Chamber of the Second Chamber

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