INTERIM resolution DH (99) 358

HUMAN RIGHTS

APPLICATION No. 29717/96

B.E.V. AGAINST the United Kingdom

(Adopted by the Committee of Ministers on 9 June 1999 at the 672nd meeting of the Ministers’ Deputies)

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

Having regard to the report drawn up on 21 October 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 28 November 1995 by an United Kingdom national, Mr B.E.V., against the United Kingdom;

Whereas on 1 December 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 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 Convention;

Whereas in his application, declared admissible by the Commission on 9 April 1997, the applicant complained that he did not have a fair and public hearing by an independent and impartial tribunal established by law in the context of certain criminal proceedings brought against him before a naval court-martial and that he had no effective domestic remedy in those respects;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention, in that the applicant was not given a fair hearing by an independent and impartial tribunal and that it was not necessary to examine separately the applicant's additional complaints under Article 6, paragraph 1, and Article 13 of the Convention;

Whereas at the 672nd 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 9 June 1999, that there had been in this case a violation of Article 6, paragraph 1, of the Convention, in that the applicant was not given a fair hearing by an independent and impartial tribunal,

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

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.