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CASE OF O'REILLY v. IRELAND

Doc ref: 21624/93 • ECHR ID: 001-66635

Document date: October 4, 1995

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CASE OF O'REILLY v. IRELAND

Doc ref: 21624/93 • ECHR ID: 001-66635

Document date: October 4, 1995

Cited paragraphs only

In the case of O ' Reilly v. Ireland (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 48-2) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

("the Convention") and Rule 26 of Rules of Court B (2),

_______________

Notes by the Registrar

1. The case is numbered 58/1995/564/650. The first number is the

case ' s position on the list of cases referred to the Court in the

relevant year (second number). The last two numbers indicate the

case ' s position on the list of cases referred to the Court since its

creation and on the list of the corresponding originating applications

to the Commission.

2. Rules of Court B, which came into force on 2 October 1994, apply

to all cases concerning the States bound by Protocol No. 9 (P9).

_______________

Sitting in private at Strasbourg on 27 September 1995, and

composed of the following judges:

Mr Thór Vilhjálmsson, Chairman,

Mr F. Gölcüklü,

Mr B. Walsh,

and also of Mr H. Petzold, Registrar,

Having regard to the application against Ireland lodged with the

Court on 28 June 1995 by Mr Patrick O ' Reilly, an Irish national, within

the three-month period laid down by Article 32 para. 1 and Article 47

(art. 32-1, art. 47) of the Convention;

Whereas Ireland has recognised the compulsory jurisdiction of the

Court (Article 46 of the Convention) (art. 46) and ratified

Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends

Article 48 (art. 48) of the Convention so as to enable a person,

non-governmental organisation or group of individuals having lodged a

complaint with the European Commission of Human Rights ("the

Commission") to refer the case to the Court;

Noting that the present case has not been referred to the Court

by either the Government of the respondent State or the Commission

under Article 48 para. 1 (a) or (d) (art. 48-1-a, art. 48-1-d) of the

Convention;

Having regard to the Commission ' s report of 22 February 1995 on

the application (no. 21624/93) lodged with the Commission by

Mr O ' Reilly on 24 September 1992;

Whereas the applicant complained of the length of criminal

proceedings which had been brought against him before the Irish courts,

and alleged a breach of Article 6 para. 1 (art. 6-1) of the Convention,

under which "In the determination ... of any criminal charge against

him, everyone is entitled to a ... hearing within a reasonable time by

[a] ... tribunal ...";

Whereas the applicant, in specifying the object of his

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

stated that he sought a decision by the Court holding that there had

been a breach of Article 6 para. 1 (art. 6-1) of the Convention on the

grounds of an alleged gross and unconscionable delay on the part of the

authorities, and that he was entitled to compensation;

Having regard to Article 48 (art. 48) of the Convention and

Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,

1. Finds that

(a) the case raises no serious question affecting the

interpretation or application of the Convention, as the

Court has already established case-law on the "reasonable

time" requirement in Article 6 para. 1 (art. 6-1) of the

Convention; and

(b) the case does not, for any other reason, warrant

consideration by the Court as, in the event of a finding

that there has been a breach of the Convention, the

Committee of Ministers of the Council of Europe can award

the applicant just satisfaction, having regard to any

proposals made by the Commission;

2. Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

4 October 1995 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: THÓR VILHJÁLMSSON

Chairman

Signed: Herbert PETZOLD

Registrar

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