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
Heinz Zeidler-Kornmann, a German national, against the Government of
the Federal Republic of Germany (No. 2686/65);
Whereas the Commission transmitted the said report to the Committee of
Ministers on 18 January 1968, and whereas the period of three months
provided for in Article 32, paragraph 1 (art. 32-1), of the
Convention has lapsed without the case having been brought before the
Court in pursuance of Article 48 (art. 48) of the Convention;
Whereas in his application of 4 September 1965 Heinz Zeidler-Kornmann
submitted, inter alia, that he was ill-treated by prison officers in
the Tegel prison in Berlin on 4 September 1965;
Whereas the Commission on 16 December 1965 declared his other
complaints to be inadmissible but on 13 December 1966 declared part of
his application admissible, considering that his allegations gave rise
to an important question of a possible violation of Article 3 (art. 3)
of the Convention;
Whereas the Commission in its report, taking the terms used in
Article 3 (art. 3) of the Convention in their ordinary and natural
meaning, concludes that the Applicant in the case has not been
subjected to "torture";
Whereas the Commission by twelve votes against one is of the opinion
that the treatment to which Kornmann was subjected did not amount to
"inhuman or degrading treatment" within the meaning of Article 3
(art. 3) of the Convention and that consequently this Article had not
been violated in the case;
Voting in accordance with the provision of Article 32, paragraph 1
(art. 32-1), of the Convention,
Agrees with the opinion of the Commission;
Decides that in this case there has been no violation of the
Convention for the Protection of Human Rights and Fundamental
Freedoms.