resolution DH (99) 559

HUMAN RIGHTS

APPLICATION No. 33295/96

ALONSO LÓPEZ AGAINST SPAIN

(Adopted by the Committee of Ministers on 8 October 1999 at the 680th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of H u man Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 1 March 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 1 August 1996 by a Spanish national, Mr Miguel Alonso López, against Spain;

Whereas on 29 April 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Co n vention;

Whereas in his application, declared admissible by the Commission on 12 January 1998, the applicant complained that that he did not have a fair trial, since his appeal on point of law was rejected due to an error committed during proceedings concerning the granting of legal aid;

Whereas in its report the Commission expressed, by fifteen votes to thirteen, the opinion that there had been no violation of Article 6, paragraph 1, of the Co n vention, and unanimously, that it was not necessary to examine whether there had been a violation of Article 13 of the Convention;

Whereas at the 680th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 8 October 1999, that there had been in this case no violation of Article 6, par a graph 1, of the Convention,

Declares, that it has exercised its fun c tions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.