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HEYDASCH AGAINST GERMANY

Doc ref: 16052/90 • ECHR ID: 001-49402

Document date: October 19, 1994

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Cited paragraphs: 0
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HEYDASCH AGAINST GERMANY

Doc ref: 16052/90 • ECHR ID: 001-49402

Document date: October 19, 1994

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

19 October 1989 by Mr Kurt Heydasch against Germany (Application

No. 16052/90);

Whereas on 7 May 1993 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 his application, declared admissible in part by the

Commission on 9 December 1991, the applicant complained of the

excessive length of certain criminal proceedings;

Whereas in its report adopted on 6 April 1993, the Commission

expressed, by nine votes to two, the opinion that there had been a

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

Whereas, at the 499th meeting of the Ministers' Deputies, held

on 15 October 1993, 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;

Whereas the Committee of Ministers examined the proposals made

by the Commission when transmitting its report as regards just

satisfaction to be awarded to the applicant, proposals supplemented

by a letter of the President of the Commission dated 11 March 1994;

Whereas, at the 512th meeting of the Ministers' Deputies, held

on 3 May 1994, the Committee of Ministers decided, in accordance

with Article 32, paragraph 2 (art. 32-2), of the Convention, that

the Government of Germany was to pay the applicant as just

satisfaction, within three months, 4 500 German marks in respect of

non-pecuniary damage and 4 500 German marks in respect of the costs

and expenses incurred in the proceedings before the Strasbourg

organs, that is a total sum of 9 000 German marks;

Whereas the Committee of Ministers invited the Government of

Germany to inform it of the measures taken following its decisions

of 15 October 1993 and 3 May 1994, having regard to Germany's

obligation under Article 32, paragraph 4 (art. 32-4), of the

Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that

on 2 June 1994 the Government of Germany paid the applicant the

total sum of 9 000 German marks as just satisfaction,

Declares, having taken note of the measures taken by the

Government of Germany, that it has exercised its functions under

Article 32 (art. 32) of the Convention in this case;

Authorises the publication of the report adopted by the

Commission in this case.

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