INTERIM RESOLUTION DH (98) 207
HUMAN RIGHTS
APPLICATION No. 21842/93
KEMPERS AGAINST AUSTRIA
(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 14 January 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 16 April 1993 by a Dutch national, Mr George Kempers, against Austria;
Whereas on 18 February 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 27 February 1997, the applicant complained of the non-respect of the principle of equality of arms in the course of certain criminal proceedings before the Supreme Court insofar as he had been denied the opportunity to react to the submissions made by the General Prosecutor;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, 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 a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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