DÜMAN AGAINST THE NETHERLANDS

Doc ref: 18266/91 • ECHR ID: 001-49617

Document date: October 19, 1995

Doc ref: 18266/91 • ECHR ID: 001-49617

Document date: October 19, 1995

Cited paragraphs only

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 by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on

22 February 1991 by Mrs Kiymet Düman against the Netherlands

(Application No. 18266/91);

Whereas on 10 May 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 without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in her application, declared admissible by the

Commission on 6 April 1994, the applicant complained of the

excessive length of certain proceedings brought by her following a

decision to withdraw her right to disability benefits;

Whereas in its report adopted on 5 April 1995, the Commission

expressed, by twelve votes to one, the opinion that there had been

a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas, at the 546th meeting of the Ministers' Deputies, held

on 13 October 1995, 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.

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