J.D. AGAINST THE NETHERLANDS
Doc ref: 19508/92 • ECHR ID: 001-51259
Document date: May 15, 1996
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 0
The Committee of Ministers, under the terms of Article 32 (art. 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 27 June 1995 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged
on 28 January 1992 by Mr J. D. against the Netherlands
(Application No. 19508/92);
Whereas on 1 September 1995 the Commission transmitted the said report to
the Committee of Ministers and whereas the period of three months provided for
in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed and the
case has not been referred to the European Court of Human Rights, neither by the
Commission nor by a state entitled to do so under Article 48 (art. 48) of the
Convention, within the time-limit of three months from the transmission of the
reports to the Chairman of the Committee of Ministers; however, whereas within
this time-limit, the applicant seized the Court in accordance with Protocol No.
9 (P9) but considering that the screening panel of the Court decided on
14 March 1996 that this case would not be considered by the Court, the Committee
of Ministers is now called upon to take a decision in accordance with Article 32
(art. 32) of the Convention and with Article 48 (art. 48) of the Convention as
amended by Article 5 of Protocol No. 9 (P9-5) for those states having ratified
the latter;
Whereas in his application, declared admissible by the Commission on 5
July 1995, the applicant complained of the excessive length of certain criminal
proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion
that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 564th meeting of the Ministers' Deputies held on 30 April
1996, the Committee of Ministers, agreeing with the opinion expressed by the
Commission, held, having voted in accordance with the provisions of Article 32,
paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), 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
Article 32 (art. 32) of the Convention with a view to adopting the final
resolution.
LEXI - AI Legal Assistant
