INTERIM RESOLUTION DH (97) 235
HUMAN RIGHTS
APPLICATION No. 25706/94
ROESTENBURG AGAINST THE NETHERLANDS
(Adopted by the Committee of Ministers on 15 May 1997
at the 590th 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 16 October 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 14 November 1994 by Mr Hubert M.J.H. Roestenburg against the Netherlands (Application No. 25706/94);
Whereas on 22 November 1996 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, declared admissible by the Commission on 19 October 1995, the applicant complained of the Court’s refusal, in criminal proceedings, to allow his lawyer to conduct the defence in his absence;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraphs 1 and 3.c, of the Convention;
Whereas at the 590th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 15 May 1997, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraphs 1 and 3.c, 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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