Application No. 10808/84
J.H. S.
against
the NETHERLANDS
DRAFT
REPORT OF THE COMMISSION
(Adopted on 17 March 1989)
TABLE OF CONTENTS
Page
I. THE PARTIES
(paras. 1 - 3) 1
II. SUMMARY OF THE FACTS
(paras. 4 - 5) 1
III. THE PROCEEDINGS BEFORE THE COMMISSION
(paras. 6 - 12) 1-2
IV. THE DECISION OF THE COMMISSION
(paras. 13 - 15) 3
APPENDIX: Decision on Admissibility 4-11
I. THE PARTIES&S
1. This Report, which is drawn up by the Commission in accordance
with Rule 54 of its Rules of Procedure, concerns the application
brought by J.H. S. against the Netherlands and registered under No.
10808/84.
2. The applicant was represented before the Commission by Mr. J.
Slangen, a lawyer practising at Venlo / Netherlands.
3. The Netherlands Government were represented before the
Commission by their Agent, Mrs. D.S. van Heukelom, Legal Adviser at
the Ministry for Foreign Affairs, The Hague.
II. SUMMARY OF THE FACTS&S
4. The facts of the case are set out in the Commission's Decision
as to the admissibility of the application of 7 May 1988, attached
hereto as an Appendix (pp. 4 - 20).
5. The pertinent facts and complaints may be summarised as
follows:
On 11 February 1980 the applicant was arrested and questioned
by the police in Venlo on suspicion of having committed embezzlement.
The applicant was released after several days. On 15 February 1980
the Roermond Public Prosecutor applied to open a preliminary judicial
investigation against the applicant. On 21 August 1980 the applicant
was summoned to stand trial. The applicant objected. His objections
were rejected in the same year both by the trial court and the Court
of Appeal. The applicant then brought the matter before the Supreme
Court (Hoge Raad) which on 15 June 1982 referred the case back to the
Court of Appeal. This Court maintained its earlier decision and the
applicant again appealed to the Supreme Court which rejected this
appeal on 21 June 1983. On 24 November 1983 the applicant was
convicted of embezzlement and sentenced to one year imprisonment. The
applicant's appeals were to no avail. On 31 March 1987 the Supreme
Court dismissed his appeal on points of law.
Before the Commission the applicant complained under Article 6
para. 1 of the Convention of the length of the criminal proceedings
against him.
III. THE PROCEEDINGS BEFORE THE COMMISSION&S
6. The present application was introduced on 12 August 1983 and
registered on 8 February 1984. On 11 March 1985 the Commission
decided to give notice of the application to the respondent Government
in accordance with Rule 42 para. 2 (b) of the Rules of Procedure, and
to request the parties' written observations.
7. On 25 May 1985 the respondent Government submitted their
observations. The applicants' reply was submitted on 21 June 1985.
8. On 7 May 1988 the Commission declared the application
admissible. On 28 June 1988 the parties were invited, pursuant to
Rule 45 para. 2 of the Rules of Procedure, to submit supplementary
observations.
9. The applicant submitted supplementary observations on 3 August
1988.
10. On 17 August 1988 the respondent Government informed the
Commission that the applicant had applied for a pardon remitting the
sentence imposed on him. On 3 January 1989 the respondent Government
stated that it was expected that Her Majesty the Queen would grant the
applicant's request shortly. The applicant thereupon stated in a
letter of 23 January 1989 that he did not intend to pursue his
application. By letter of 20 February 1989 the respondent Government
submitted a copy of the pardon which had been granted to the applicant
on 11 January 1989 "discharging the term of one year imprisonment,
less the period spent on remand in custody, to which
... was sentenced by the Court of Appeal at 's-Hertogenbosch by a
judgment of 13 May 1985 ...".
11. By letter of 6 February 1989 the respondent Government were
consulted, in accordance with Rule 49 para. 2 of the Commission's
Rules of Procedure, as to striking the present application off the
Commission's list of cases.
12. On 17 March 1989, the Commission decided to strike the present
application off its list, in accordance with Rules 44 para. 1 (a) of
its Rules of Procedure. It adopted the present Report and decided to
transmit it to the Committee of Ministers and the parties for
information and to publish it. The following members were present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
J. CAMPINOS
H. VANDENBERGHE
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
Mr. L. LOUCAIDES
IV. THE DECISION OF THE COMMISSION&S
13. The Commission notes the applicant's statement that he does
not intend to pursue his Application No. 10808/84.
14. The Commission finds, therefore, that the applicant no longer
wishes his case to be examined, and further considers that there are
no reasons of a general character affecting the observance of the
Convention which warrant further examination of the application.
15. For these reasons, the Commission, having regard to Rules 44
para. 1 (a), 49 and 54 of its Rules of Procedure,
- decides to strike Application No. 10808/84 off its list;
- adopts the present Report;
- decides to send the present Report to the Committee of
Ministers for information, to send it also to the parties,
and to publish it.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)