RESOLUTION DH (98) 213
HUMAN RIGHTS
APPLICATION No. 21656/93
HAMILL AGAINST THE UNITED KINGDOM
(Adopted by the Committee of Ministers on 10 July 1998
at the 637th 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 2 December 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 15 April 1993 by a British national, Mr James Hamill against the United Kingdom;
Whereas on 26 January 1998 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 21 October 1996, the applicant complained that the inferences drawn from his refusal to give evidence in his defence had violated his right to a fair trial and his right to be presumed innocent in respect of the charge brought against him;
Whereas in its report, the Commission expressed, by thirty-one votes to one, the opinion that there had been no violation of Article 6, paragraphs 1 and 2, of the Convention;
Whereas, at the 637th 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 10 July 1998,that there had been in this case no violation of Article 6, paragraphs 1 and 2, of the Convention,
Declares that it has exercised its functions under Article 32 of the Convention in this case;
Authorises the publication of the report adopted by the Commission in this case.
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