ZEIDLER-KORNMANN AGAINST GERMANY

Doc ref: 2686/65 • ECHR ID: 001-49207

Document date: June 28, 1968

Doc ref: 2686/65 • ECHR ID: 001-49207

Document date: June 28, 1968

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

Heinz Zeidler-Kornmann, a German national, against the Government of

the Federal Republic of Germany (No. 2686/65);

Whereas the Commission transmitted the said report to the Committee of

Ministers on 18 January 1968, and whereas the period of three months

provided for in Article 32, paragraph 1 (art. 32-1), of the

Convention has lapsed without the case having been brought before the

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

Whereas in his application of 4 September 1965 Heinz Zeidler-Kornmann

submitted, inter alia, that he was ill-treated by prison officers in

the Tegel prison in Berlin on 4 September 1965;

Whereas the Commission on 16 December 1965 declared his other

complaints to be inadmissible but on 13 December 1966 declared part of

his application admissible, considering that his allegations gave rise

to an important question of a possible violation of Article 3 (art. 3)

of the Convention;

Whereas the Commission in its report, taking the terms used in

Article 3 (art. 3) of the Convention in their ordinary and natural

meaning, concludes that the Applicant in the case has not been

subjected to "torture";

Whereas the Commission by twelve votes against one is of the opinion

that the treatment to which Kornmann was subjected did not amount to

"inhuman or degrading treatment" within the meaning of Article 3

(art. 3) of the Convention and that consequently this Article had not

been violated in the case;

Voting in accordance with the provision of Article 32, paragraph 1

(art. 32-1), of the Convention,

Agrees with the opinion of the Commission;

Decides that in this case there has been no violation of the

Convention for the Protection of Human Rights and Fundamental

Freedoms.

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