The Committee of Ministers,
Having regard to Article 32 (art. 32) of the European Convention for
the Protection of Human Rights and Fundamental Freedoms (hereinafter
called "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, and relating to the Application lodged by
Bjørn Schouw Nielsen, a Danish national, against the Government of
Denmark;
Whereas the Commission transmitted the said Report to the Committee of
Ministers on 28 April 1961, 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 Court in pursuance of Article 48 (art. 48) of the Convention;
Whereas in his Application, B.S. Nielsen complains of several
violations of the Convention alleged to have taken place during the
judicial proceedings, as a result of which he was sentenced to
imprisonment for life on the grounds of having planned and instigated
by various means including hypnosis, in 1950 a robbery of a bank and
in 1951 an attempted robbery of a bank, and the murder of two
bank-clerks, committed by a co-accused;
Whereas the Commission, having rejected part of the Application
as inadmissible, retained as admissible, with the purpose of
establishing the facts and formulating an opinion regarding them, the
following two issues;
i) Whether the Applicant had been informed in detail of the nature
and the cause of the accusation against him, within the meaning of
Article 6, paragraph (3) (a) (art. 6-3-a) of the Convention;
ii) Whether the Applicant had been granted a fair hearing within the
meaning of Article 6 (art. 6) of the Convention, in the Danish Courts,
viz:
a) the High Court and the Supreme Court;
b) the Special Court of Revision of Denmark;
Whereas the Commission, in its Report, unanimously expressed the
following opinion on these two issues:
i) "that the Applicant was informed of the nature and cause of the
accusation against him in sufficient detail and that in this respect
there was no violation on the part of the Respondent Government of
Article 6, paragraph (3) (a) (art. 6-3-a) of the Convention";
ii) that
a) considered as a whole, the criminal proceedings brought against
Nielsen in the Danish Courts (the High Court and the Supreme Court)
"do not fall short of the standard required by Article 6, paragraph 1
(art. 6-1) as to the right of every accused to have a fair trial";
b) the findings as regards the proceedings before the Special Court
of Revision in Denmark "disclosed no breach of the Convention";
Having considered the case;
Voting in accordance with the provisions of Article 32 paragraph (1)
(art. 32-1) of the Convention;
Decides that in this case there has been no violation of the
Convention for the Protection of Human Rights and Fundamental
Freedoms.