The Committee of Ministers, under the terms of Article 32
(art. 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 by the European
Commission of Human Rights in accordance with Article 31
(art. 31) of the Convention relating to the application lodged
on 23 August 1990 by Mr H. against Germany (Application
No. 17446/90);
Whereas on 14 June 1993 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 (art. 32-1),
of the Convention has elapsed without the case having been
brought before the European Court of Human Rights in pursuance
of Article 48 (art. 48) of the Convention;
Whereas in his application the applicant complained of a
violation of Article 6, paragraphs 1 and 3.d (art. 6-1,
art. 6-3-d), of the Convention which concerns the fairness of
criminal proceedings and more particularly the possiblity for the
applicant to call as witnesses staff members of the Prosecutor's
Department concerning an alleged agreement between one of the
co-accused and the prosecutor, whereby that co-accused would be
sentenced to a lighter punishment if he made certain confessions,
which would constitute evidence against the applicant;
Whereas the Commission declared the application admissible
on 14 May 1992 and in its report adopted on 4 May 1993 expressed,
by eight votes to six, the opinion that there had been no
violation of paragraphs 1 and 3.d of Article 6 (art. 6-1,
art. 6-3-d) of the Convention;
Whereas, at the 499th meeting of the Ministers' Deputies
held on 15 October 1993, the Committee of Ministers, agreeing
with the opinion expressed by the Commission, held, having voted
in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case
no violation of paragraphs 1 and 3.d of Article 6 (art. 6-1,
art. 6-3-d) of the Convention,
Declares that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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