INTERIM RESOLUTION DH (98) 13
HUMAN RIGHTS
APPLICATION No. 24906/94
ROSENBERG AGAINST BELGIUM
(Adopted by the Committee of Ministers on 18 February 1998
at the 618th 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 2 July 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 20 June 1994 by Mr Henry Rosenberg against Belgium (Application No. 24906/94);
Whereas on 1 August 1997 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 26 February 1997, the applicant complained that he had not had the possibility of replying to submissions made by a representative of the public prosecutor at the hearing concerning certain disciplinary proceedings before the Cour de Cassation and that that representative had taken part in the deliberations of that court;
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 618th 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 agreeing with the opinion expressed by the Commission, held, by a decision adopted on 18 February 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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