MICHEL CHARTIER AGAINST ITALY

Doc ref: 9044/80 • ECHR ID: 001-49250

Document date: September 23, 1983

Doc ref: 9044/80 • ECHR ID: 001-49250

Document date: September 23, 1983

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. Michel Chartier against

Italy (No. 9044/80);

Whereas on 14 February 1983 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 19 April 1979 the applicant,

a French national, complained of his detention and claimed that in

view of his state of health he ought to be released, submitting that

the authorities' rejection of his request for release constituted

inhuman treatment;

Whereas the Commission, after having declared the application

admissible on 17 December 1981, expressed in its report the opinion by

thirteen votes and two abstentions that there had been no violation of

Article 3 (art. 3) of the Convention in this case;

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,

Decides that in this case there has not been a violation of the

Convention for the Protection of Human Rights and Fundamental

Freedoms.

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