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BACHER AGAINST GERMANY

Doc ref: 15652/89 • ECHR ID: 001-49345

Document date: May 18, 1993

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BACHER AGAINST GERMANY

Doc ref: 15652/89 • ECHR ID: 001-49345

Document date: May 18, 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 4 August 1989 by Mr Claus Hermann Paul Bacher against Germany

(Application No. 15652/89);

Whereas on 22 January 1992 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 the

excessive length of criminal proceedings;

Whereas the Commission declared the application admissible

on 17 April 1991 and in its report adopted on 9 December 1991

unanimously expressed the opinion that there had been in this

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

Convention;

Whereas, at the 475th meeting of the Ministers' Deputies

held on 15 May 1992, 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 December 1992;

Whereas on 26 January 1993 the Committee of Ministers held,

in accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of Germany was to pay the

applicant, within three months, the sum of 30 000 Deutschmarks

in respect of non-pecuniary damage and the sum of 5 000

Deutschmarks in respect of costs;

Whereas the Committee of Ministers invited the Government

of Germany to inform it of the measures taken following its

decisions of 15 May 1992 and 26 January 1993, 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

5 March 1993 the Government of Germany paid the applicant the

total sum of 35 000 Deutschmarks in respect of 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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