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AKDOGAN AGAINST GERMANY

Doc ref: 11394/85 • ECHR ID: 001-49289

Document date: November 10, 1989

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AKDOGAN AGAINST GERMANY

Doc ref: 11394/85 • ECHR ID: 001-49289

Document date: November 10, 1989

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 27 December 1984 by

Mr Aziz Akdogan against the Federal Republic of Germany

(No. 11394/85);

Whereas on 16 August 1988 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

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 that the Heilbronn

District Court had ordered him to pay the costs incurred through

recourse to the services of an interpreter at a hearing before that

court concerning an alleged regulatory offence, and claimed that there

had been a violation of Article 6, paragraph 3.e (art. 6-3-e),

of the Convention;

Whereas the Commission declared the application admissible on

5 March 1986 and in its report adopted on 5 July 1988 expressed

unanimously the opinion that there had been a violation of Article 6,

paragraph 3.e (art. 6-3-e), of the Convention;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the Convention;

Whereas, during the examination of the case, the Committee of

Ministers was informed by the Government of the Federal Republic of

Germany that following amendments to the Court Costs Act and the Code

of Criminal Procedure introduced by an Act of 15 June 1989, which

entered into force on 1 July 1989, henceforth, in criminal proceedings

or in court proceedings under the Regulatory Offences Act,

interpretation costs shall be payable by an accused or other person

concerned who does not understand German only if these costs are

imposed on him by the court on the grounds that he incurred them

unnecessarily by his own default or in another culpable manner,

Decides, having voted in accordance with the provisions of Article 32,

paragraph 1 (art. 32-1), of the Convention, that there has been a

violation of Article 6, paragraph 3.e (art. 6-3-e), of the Convention

in this case;

Takes note of the information provided by the Government of the

Federal Republic of Germany;

Decides that no further action is called for in this case.

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