Search
document

Document text Analytics

N. AGAINST GERMANY

Doc ref: 9132/80 • ECHR ID: 001-49258

Document date: April 11, 1985

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

N. AGAINST GERMANY

Doc ref: 9132/80 • ECHR ID: 001-49258

Document date: April 11, 1985

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 by N. against the Federal Republic

of Germany (No. 9132/80);

Whereas on 24 April 1984 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 introduced on 2 July 1978, the applicant

complained of the length of the criminal proceedings taken against him

invoking Article 6, paragraph 1 (art. 6-1), of the convention, of the

conduct of the proceedings and the related detention on remand

invoking various articles of the convention;

Whereas the Commission declared the application admissible on

16 December 1982 as regards the applicant's complaint under Article 6,

paragraph 1 (art. 6-1), of the convention that the criminal charges

raised against him had not been determined within a reasonable time;

Whereas in its report adopted on 12 December 1983 the Commission

expressed unanimously the opinion that the criminal charges raised

against the applicant had not been determined within a reasonable time

and that there had accordingly been a violation of Article 6,

paragraph 1 (art. 6-1), 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 this case, the Committee of

Ministers was informed by the Government of the Federal Republic of

Germany that it accepted the Commission's report which would be

transmitted to the Ministers of Justice of the Land of North

Rhine-Westphalia in order to inform the relevant public prosecutors

and courts of its contents;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the convention,

a. Decides that in this case there has been a violation of

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

b. Decides, having regard to the information supplied by the

Government of the Federal Republic of Germany, that no further action

is called for in this case.

LEXI

Lexploria AI Legal Assistant