INTERIM resolution DH (99) 130

HUMAN RIGHTS

APPLICATION No. 32397/96

SINNESAEL AGAINST GREECE

(Adopted by the Committee of Ministers on 19 February 1999 at the 659th 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 1 July 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 25 June 1996 by a Belgian national, Mr Andy Sinnesael, against Greece;

Whereas on 25 August 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 3 December 1997, the applicant complained of the unfairness of certain proceedings before the five-member Court of Appeal of Thrace, since the latter had rendered, proprio motu , without hearing the applicant and without providing adequate reasons, a final decision refusing him any right to compensation for more than two-and-a-half years’ detention;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;

Whereas at the 659th 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 19 February 1999, that there had been in this case a violation of Article 6, par a graph 1, 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 Convention with a view to adopting the final resolution.