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
9 October 1991 by Mr J.I. P. against Germany
(Application No. 18999/91);
Whereas on 12 August 1994 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, as declared admissible by the Commission on 12
January 1994, the applicant complained of the excessive length of his detention
on remand and of the criminal proceedings brought against him;
Whereas in its report adopted on 5 July 1994 the Commission expressed,
unanimously, the opinion that there had been a violation of Article 5, paragraph
3 (art. 5-3), of the Convention and that there had been a violation of Article
6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 522nd meeting of the Ministers' Deputies held on 5
December 1994 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 a violation of
Article 5, paragraph 3 (art. 5-3), of the Convention and that there had been in
this case a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals made by the
Commission when transmitting its report as regards just satisfaction to be
awarded to the applicant, proposals supplemented by a letter of the President of
the Commission dated 26 May 1995;
Whereas, at the 542nd meeting of the Deputies held on
7 September 1995, the Committee of Ministers decided, in accordance with Article
32, paragraph 2 (art. 32-2), of the Convention, that the Government of Germany
was to pay the applicant as just satisfaction, within three months, 15 000
German marks in respect of non-pecuniary damage, 3 000 German marks in respect
of costs and expenses incurred in the domestic proceedings and 3 000 German
marks in respect of costs and expenses incurred in the Strasbourg proceedings,
namely a total sum of 21 000 German marks;
Whereas the Committee of Ministers invited the Government of Germany to
inform it of the measures taken following its decisions of 6 December 1994 and 7
September 1995, having regard to Germany's obligation under Article 32,
paragraph 4 (art. 32-4), of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
20 October 1995, within the time-limit set, the Government of Germany paid the
applicant the total sum of 21 000 German marks as just satisfaction,
Declares, having taken note of the measures taken by the Government of
Germany, 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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