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 N. against the Federal Republic
of Germany (No. 9132/80);
Whereas on 24 April 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 2 July 1978, the applicant
complained of the length of the criminal proceedings taken against him
invoking Article 6, paragraph 1 (art. 6-1), of the convention, of the
conduct of the proceedings and the related detention on remand
invoking various articles of the convention;
Whereas the Commission declared the application admissible on
16 December 1982 as regards the applicant's complaint under Article 6,
paragraph 1 (art. 6-1), of the convention that the criminal charges
raised against him had not been determined within a reasonable time;
Whereas in its report adopted on 12 December 1983 the Commission
expressed unanimously the opinion that the criminal charges raised
against the applicant had not been determined within a reasonable time
and that there had accordingly been 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;
Whereas, during the examination of this case, the Committee of
Ministers was informed by the Government of the Federal Republic of
Germany that it accepted the Commission's report which would be
transmitted to the Ministers of Justice of the Land of North
Rhine-Westphalia in order to inform the relevant public prosecutors
and courts of its contents;
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. Decides, having regard to the information supplied by the
Government of the Federal Republic of Germany, that no further action
is called for in this case.