INTERIM resolution DH (99) 259

HUMAN RIGHTS

APPLICATION No. 26493/95

ZEGWAARD AND ZEGWAARD B.V. AGAINST THE NETHERLANDS

(Adopted by the Committee of Ministers on 15 April 1999 at the 666tth 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 22 November 1994 by a Dutch national, Mr Willem Zegwaard and by Zegwaard B.V., a limited liability company established under Dutch law, against the Netherlands;

Whereas on 21 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 their application, as declared admissible by the Commission on 3 December 1997, the applicants complained of a breach of the presumption of innocence in that the sentences they had received in certain criminal proceedings took account of offences of which they had not been convicted.

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 2, of the Convention;

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 6, par a graph 2, of the Convention,

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.