LEVY AGAINST GERMANY

Doc ref: 6066/73 • ECHR ID: 001-49218

Document date: March 10, 1976

Doc ref: 6066/73 • ECHR ID: 001-49218

Document date: March 10, 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 Yossef Ezra Levy

against the Federal Republic of Germany (No. 6066/73);

Whereas on 9 October 1975 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 28 February 1973

Mr Yosef Ezra Levy complained that the competent German authorities

failed to bring him to trial within a reasonable time or to release

him pending trial, alleging a violation of Article 5.3 (art. 5-3) of

the convention;

Whereas the Commission on 17 December 1973 declared the application

admissible and after having examined all the elements of the case

expressed the opinion in its report adopted on 9 July 1975 that there

were no delays which were avoidable for the judicial authorities and

that therefore the applicant was not detained beyond a reasonable time

pending trial and concluded by 11 votes to 1 that Article 5.3

(art. 5-3) had not been violated in the present case;

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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