INTERIM resolution DH (99) 257

HUMAN RIGHTS

APPLICATION No. 23636/94

P.M. AGAINST HUNGARY

(Adopted by the Committee of Ministers on 15 April 1999 at the 666th 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 9 September 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 3 November 1993 by a Hungarian national, Mr P.M., against Hungary ;

Whereas on 28 October 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, as declared admissible by the Commission on 21 May 1997, the applicant, paralysed from the waist down, complained of the inhuman and degrading conditions of his imprisonment;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 3 Convention wiith regards to the conditions of the applicant's imprisonment during the period between 5 November 1992 (date of the Convention's entry into force in respect of Hungary) and 3 January 1996 (date as from which the conditions of detention were improved) ;

Whereas at the 666th 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 15 April 1999, that there had been in this case a violation of Article 3 of the Convention in regard to the conditions of the applicant's imprisonment during the period between 5 November 1992 (date of the Convention's entry into force in respect of Hungary) and 3 January 1996 (date as from which the conditions of detention were improved),

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.