INTERIM resolution DH (99) 38
HUMAN RIGHTS
APPLICATION No. 28409/95
SAVIĆ AGAINST THE SLOVAK REPUBLIC
(Adopted by the Committee of Ministers on 18 January 1999
at the 654th 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 20 May 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 28 September 1994 by a citizen of the Federal Republic of Yugoslavia, Mr Mileta Savić, against the Slovak Republic;
Whereas on 24 June 1998 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however, that within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 5 October 1998 that this case would not be considered by the Court; whereas the Committee of Ministers is now therefore called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;
Whereas in his application, as declared admissible by the Commission on 3 December 1997, the applicant complained of the excessive length of his detention on remand and the excessive length and fairness of certain proceedings relating to his application for realease;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 3, of the Convention; that there had been a violation of Article 5, paragraph 4, of the Convention as regards the procedure applied in order to examine the applicant’s complaint about the dismissal of his request for release, and that there had been a violation of Article 5, paragraph 4, of the Convention as regards the speediness of the proceedings concerning the aplicant’s complaint about the dismissal of his request for release;
Whereas at the 654th 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 18 January 1999, that there had been a violation of Article 5, paragraph 3, of the Convention, that there had been a violation of Article 5, paragraph 4, of the Convention as regards the procedure applied in order to examine the applicant’s complaint about the dismissal of his request for release, and that there had been a violation of Article 5, paragraph 4, of the Convention as regards the speediness of the proceedings concerning the aplicant’s complaint about the dismissal of his request for release,
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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