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 by Mr H.A.J.M. Marijnissen against
the Netherlands (Application No. 9193/80);
Whereas on 29 June 1984 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 introduced on 31 October 1980 the applicant
complained that the delay which elapsed between the filing of his
appeal and the date of the decision by the Court of Appeal confirming
his conviction was not a reasonable delay within the meaning of
Article 6, paragraph 1 (art. 6-1), of the convention;
Whereas the Commission after having declared the application
admissible on 6 July 1983, in its report adopted on 12 March 1984
found that in the circumstances of the case the period of more than
two years between the filing of the applicant's appeal and the hearing
in that appeal amounted to a delay which was not in line with the
requirements of Article 6, paragraph 1 (art. 6-1), of the convention
and expressed the opinion by 12 votes to 6 that in the present case
there was a violation of Article 6, paragraph 1 (art. 6-1), of the
convention;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the convention;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the convention,
a. Decides that in this case there has been a violation of
Article 6, paragraph 1 (art. 6-1), of the convention;
b. Having been informed by the Government of the Netherlands that
it accepted the decision of the Committee of Ministers, that the
sentence served against the applicant would not be executed and that
no mention of this sentence would appear in the applicant's judicial
record, decides that no further action is called for in this case.