The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgment of the European Court of Human
Rights in the Niemietz case delivered on 16 December 1992 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Germany lodged with the European Commission of Human Rights on
15 February 1988 under Article 25 (art. 25) of the Convention by
Mr. Gottfried Niemietz, a German national, who complained that
his right to respect for his home and correspondence had been
violated during a search of his office;
Recalling that the case was brought before the Court by the
Commission on 12 July 1991;
Whereas in its judgment of 16 December 1992 the Court
unanimously:
- held that there had been a violation of Article 8
(art. 8) of the Convention;
- held that no separate issue arose under Article 1 of
Protocol No. 1 (P1-1);
- dismissed the applicant's claim for just satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of Germany to inform it of the
measures which had been taken in consequence of the judgment of
16 December 1992, having regard to its obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Germany gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution,
Declares, after having taken note of the information
supplied by the Government of Germany, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (93) 24
Information provided by the Government of Germany
during the examination of the Niemietz case
by the Committee of Ministers
The applicable domestic law has not been respected in the
present case. The judgment of the European Court of Human Rights
has been translated into German and published in the Neue
Juristische Wochenschrift.
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