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
relating to the application lodged by Dr. Michael Graf Soltikow, a
German national, against the Federal Republic of Germany
(No. 2257/64);
Whereas the Commission transmitted the said report to the Committee of
Ministers on 15 April 1970 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 introduced on 11 September 1962 and
registered on 27 July 1964, Dr. Michael Graf Soltikow complained of
violations of several articles of the Convention, alleged to have
taken place during the judicial proceedings instituted against him in
the Federal Republic of Germany;
Whereas the Commission, on 7 October 1966, rejected certain parts of
the application as being inadmissible and on 5 April 1968, after
having rejected another part, declared admissible the applicant's
complaint under Article 6, paragraph 1 (art. 6-1), of the Convention
concerning the length of the criminal proceedings:
Whereas the Commission, during the examination of the merits of
the case, considered whether or not the length of the criminal
proceedings had exceeded a reasonable time and the manner in which the
case had been conducted by the judicial authorities;
Whereas the Commission, while observing that the relevant period,
which extended slightly over ten years and three months, was
undoubtedly an exceptionally long period, considered that the German
judicial and other competent authorities at no stage of the
proceedings seemed to have neglected their duty to advance the course
of the proceedings, and that the length of the latter was due
primarily to the incalculable number of complaints, submissions and
applications made by the applicant during the course of the
proceedings;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention, by eight
votes to four, to the effect that in the particular circumstances of
the present case the length of the criminal proceedings before the
German courts did not exceed a reasonable time within the meaning of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1) of the Convention,
Decides that in this case there was no violation of the Convention for
the Protection of Human Rights and Fundamental Freedoms.