H. AGAINST GERMANY

Doc ref: 17446/90 • ECHR ID: 001-49360

Document date: October 15, 1993

Inbound citations: 0
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Cited paragraphs: 0
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Outbound citations: 0

H. AGAINST GERMANY

Doc ref: 17446/90 • ECHR ID: 001-49360

Document date: October 15, 1993

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 23 August 1990 by Mr H. against Germany (Application

No. 17446/90);

Whereas on 14 June 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 the applicant complained of a

violation of Article 6, paragraphs 1 and 3.d (art. 6-1,

art. 6-3-d), of the Convention which concerns the fairness of

criminal proceedings and more particularly the possiblity for the

applicant to call as witnesses staff members of the Prosecutor's

Department concerning an alleged agreement between one of the

co-accused and the prosecutor, whereby that co-accused would be

sentenced to a lighter punishment if he made certain confessions,

which would constitute evidence against the applicant;

Whereas the Commission declared the application admissible

on 14 May 1992 and in its report adopted on 4 May 1993 expressed,

by eight votes to six, the opinion that there had been no

violation of paragraphs 1 and 3.d of Article 6 (art. 6-1,

art. 6-3-d) 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

no violation of paragraphs 1 and 3.d of Article 6 (art. 6-1,

art. 6-3-d) of the Convention,

Declares 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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