INTERIM resolution DH ( ) 315

HUMAN RIGHTS

S. J., B.J. AND G.J. AGAINST  SWEDEN

(Adopted by the Committee of Ministers on 25 September 1998 at the 640th 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 3 December 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 25 November 1991 by three Swedish nationals, S.J., B.J. and G.J. against Sweden;

Whereas on 14 January 1998 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Co n vention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however, that within this time-limit, the applicants seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 7 August 1998 that this case would not be considered by the Court; whereas the Committee of Ministers is now therefore called upon to take a dec i sion in accordance with Article 32 of the Convention and with Article 48 of the Co n vention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in their application, as declared admissible by the Commission on 16 October 1996, the two first applicants complained that they had been refused an oral hearing or denied the opportunity to complete proceedings before the Court of Appeal and the third applicant complained that he had not been informed of the proceedings to which he was a party ;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention, as the two first applicants had not been able to put their case fully before the Court of Appeal and that there had been no violation of Article 6, paragraphe 1, of the Convention on account of the alleged failure to inform the third applicant of the proceedings and that no separate issue arose under Article 13 of the Convention;

Whereas, at the 640th 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 25 September 1998, that there had been in this case a violation of Article 6, par a graph 1, of the Convention, as the two first applicants had not been able to put their case fully before the Court of Appeal and that there had been no violation of Article 6, paragraphe 1, of the Convention on account of the alleged failure to inform the third applicant of the proceedings,

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.