HÄTTI AGAINST GERMANY

Doc ref: 6181/73 • ECHR ID: 001-49220

Document date: November 19, 1976

Doc ref: 6181/73 • ECHR ID: 001-49220

Document date: November 19, 1976

Cited paragraphs only

The Committee of Ministers,

Having regard to 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 Erich Hätti against the

Federal Republic of Germany (No. 6181/73);

Whereas on 26 July 1976 the Commission transmitted the said report to

the Committee of Ministers and whereas the period of three months

provided for in Article 32.1 (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 1 July 1973

Mr Erich Hätti alleged that the length of criminal proceedings

instituted against him exceeded the "reasonable time" referred to in

Article 6.1 (art. 6-1) of the convention;

Whereas the Commission on 5 October 1974 declared the application

admissible and in its report it examined the special circumstances of

the proceedings and in particular the complexity of the case and its

handling by the judicial authorities and by the applicant;

Whereas the Commission expressed the opinion by 9 votes against 2

that, however regrettable the length of the criminal proceedings

against the applicant may have been, there was no violation in the

present case of Article 6.1 (art. 6-1) of the convention on account of

the length of the proceedings;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31.1 (art. 31-1) of the convention;

Voting in accordance with the provisions of Article 32.1 (art. 32-1)

of the convention,

Decides that in this case there was no violation of the Convention for

the Protection of Human Rights and Fundamental Freedoms.

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