INTERIM resolution DH (99) 359
HUMAN RIGHTS
APPLICATION No. 29374/95
DONNELLY AGAINST THE UNITED KINGDOM
(Adopted by the Committee of Ministers on 9 June 1999
at the 672nd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the report drawn up on 21 October 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 29 September 1995 by an United Kingdom national, Mr Derek Donnelly, against the United Kingdom;
Whereas on 11 January 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in his application, as declared admissible by the Commission on 16 April 1998, the applicant complained that he was not given a fair hearing by an independent and impartial tribunal in respect of the court-martial proceedings against him ;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention in that the applicant was not given a fair hearing by an independant and impartial tribunal and that it was not necessary to examine the applicant’s complaint that in other specific respects the proceedings did not comply with the requirement of fairness ;
Whereas at the 672nd meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 9 June 1999, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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