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NIELSEN AGAINST DENMARK

Doc ref: 343/57 • ECHR ID: 001-49200

Document date: October 25, 1961

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Cited paragraphs: 0
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NIELSEN AGAINST DENMARK

Doc ref: 343/57 • ECHR ID: 001-49200

Document date: October 25, 1961

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, and relating to the Application lodged by

Bjørn Schouw Nielsen, a Danish national, against the Government of

Denmark;

Whereas the Commission transmitted the said Report to the Committee of

Ministers on 28 April 1961, 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, B.S. Nielsen complains of several

violations of the Convention alleged to have taken place during the

judicial proceedings, as a result of which he was sentenced to

imprisonment for life on the grounds of having planned and instigated

by various means including hypnosis, in 1950 a robbery of a bank and

in 1951 an attempted robbery of a bank, and the murder of two

bank-clerks, committed by a co-accused;

Whereas the Commission, having rejected part of the Application

as inadmissible, retained as admissible, with the purpose of

establishing the facts and formulating an opinion regarding them, the

following two issues;

i) Whether the Applicant had been informed in detail of the nature

and the cause of the accusation against him, within the meaning of

Article 6, paragraph (3) (a) (art. 6-3-a) of the Convention;

ii) Whether the Applicant had been granted a fair hearing within the

meaning of Article 6 (art. 6) of the Convention, in the Danish Courts,

viz:

a) the High Court and the Supreme Court;

b) the Special Court of Revision of Denmark;

Whereas the Commission, in its Report, unanimously expressed the

following opinion on these two issues:

i) "that the Applicant was informed of the nature and cause of the

accusation against him in sufficient detail and that in this respect

there was no violation on the part of the Respondent Government of

Article 6, paragraph (3) (a) (art. 6-3-a) of the Convention";

ii) that

a) considered as a whole, the criminal proceedings brought against

Nielsen in the Danish Courts (the High Court and the Supreme Court)

"do not fall short of the standard required by Article 6, paragraph 1

(art. 6-1) as to the right of every accused to have a fair trial";

b) the findings as regards the proceedings before the Special Court

of Revision in Denmark "disclosed no breach of the Convention";

Having considered the case;

Voting in accordance with the provisions of Article 32 paragraph (1)

(art. 32-1) of the Convention;

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

Convention for the Protection of Human Rights and Fundamental

Freedoms.

LEXI

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