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KRISTINSSON v. ICELANDCONCURRING OPINION OF MR. H. VANDENBERGHE

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Document date: March 8, 1989

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KRISTINSSON v. ICELANDCONCURRING OPINION OF MR. H. VANDENBERGHE

Doc ref: • ECHR ID:

Document date: March 8, 1989

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CONCURRING OPINION OF MR. H. VANDENBERGHE

As the other members of the Commission, I am of the opinion

that there is a violation of Article 6 para. 1 of the Convention.

However, I cannot follow the reasoning proposed in para. 54 of the

Report of the Commission referring to the Hauschildt case (Hauschildt v.

Denmark, Comm. Report 16.7.87).

As explained in a dissenting opinion shared by six other

members, the application of the criteria given by the Court in its

decisions De Cubber v. Belgium (judgment of 26 October 1984, Series A

no. 86) and Piersack v. Belgium (judgment of 1 October 1982, Series A

no. 53) should in the Hauschildt case lead to the finding of a

violation of Article 6 para. 1.

Because I could not agree with the majority opinion of the

Commission in the Hauschildt case, I cannot therefore follow the

reasoning contained in para. 54.

APPENDIX I

HISTORY OF THE PROCEEDINGS

Date Item

10 April 1986 Introduction of the application

20 May 1986 Registration of the application

Examination of admissibility

13 October 1986 Commission's decision to invite

the Government to submit

observations on the admissibility

and merits of the application

6 February 1987 Submission of the Government's

observations

16 March 1987 Submission of the applicant's

observations

13 July 1987 Commission's decision to hold a

hearing on the admissibility and

merits of the case

13 October 1987 Hearing on the admissibility and

merits. The parties were represented

as follows:

The applicant: M. Tómasson

The Government: MM. Geirsson

Claessen

13 October 1987 Commission's decision to declare

the application admissible

Examination on the merits

7 May 1988 Consideration of the state of

proceedings

8 October 1988 Consideration of the state of

proceedings

8 March 1989 Commission's deliberations on

the merits, final votes and

adoption of the Report

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