H.A.J.M. MARIJNISSEN AGAINST THE NETHERLANDS

Doc ref: 9193/80 • ECHR ID: 001-49256

Document date: February 25, 1985

Doc ref: 9193/80 • ECHR ID: 001-49256

Document date: February 25, 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 Mr H.A.J.M. Marijnissen against

the Netherlands (Application No. 9193/80);

Whereas on 29 June 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 31 October 1980 the applicant

complained that the delay which elapsed between the filing of his

appeal and the date of the decision by the Court of Appeal confirming

his conviction was not a reasonable delay within the meaning of

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

Whereas the Commission after having declared the application

admissible on 6 July 1983, in its report adopted on 12 March 1984

found that in the circumstances of the case the period of more than

two years between the filing of the applicant's appeal and the hearing

in that appeal amounted to a delay which was not in line with the

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

and expressed the opinion by 12 votes to 6 that in the present case

there was 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;

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. Having been informed by the Government of the Netherlands that

it accepted the decision of the Committee of Ministers, that the

sentence served against the applicant would not be executed and that

no mention of this sentence would appear in the applicant's judicial

record, decides that no further action is called for in this case.

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