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SOLTIKOW AGAINST GERMANY

Doc ref: 2257/64 • ECHR ID: 001-49210

Document date: February 19, 1971

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Cited paragraphs: 0
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SOLTIKOW AGAINST GERMANY

Doc ref: 2257/64 • ECHR ID: 001-49210

Document date: February 19, 1971

Cited paragraphs only

The Committee of Ministers,

Having regard to Article 32 (art. 32) of the European Convention for the

Protection of Human Rights and Fundamental Freedoms (hereinafter

called "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 Dr. Michael Graf Soltikow, a

German national, against the Federal Republic of Germany

(No. 2257/64);

Whereas the Commission transmitted the said report to the Committee of

Ministers on 15 April 1970 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 Court in

pursuance of Article 48 (art. 48) of the Convention;

Whereas in his application introduced on 11 September 1962 and

registered on 27 July 1964, Dr. Michael Graf Soltikow complained of

violations of several articles of the Convention, alleged to have

taken place during the judicial proceedings instituted against him in

the Federal Republic of Germany;

Whereas the Commission, on 7 October 1966, rejected certain parts of

the application as being inadmissible and on 5 April 1968, after

having rejected another part, declared admissible the applicant's

complaint under Article 6, paragraph 1 (art. 6-1), of the Convention

concerning the length of the criminal proceedings:

Whereas the Commission, during the examination of the merits of

the case, considered whether or not the length of the criminal

proceedings had exceeded a reasonable time and the manner in which the

case had been conducted by the judicial authorities;

Whereas the Commission, while observing that the relevant period,

which extended slightly over ten years and three months, was

undoubtedly an exceptionally long period, considered that the German

judicial and other competent authorities at no stage of the

proceedings seemed to have neglected their duty to advance the course

of the proceedings, and that the length of the latter was due

primarily to the incalculable number of complaints, submissions and

applications made by the applicant during the course of the

proceedings;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the Convention, by eight

votes to four, to the effect that in the particular circumstances of

the present case the length of the criminal proceedings before the

German courts did not exceed a reasonable time within the meaning of

Article 6, paragraph 1 (art. 6-1), 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 was no violation of the Convention for

the Protection of Human Rights and Fundamental Freedoms.

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