CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 25 février 1985

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  The Committee of Ministers, under the terms of Article 32 (art. 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 by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the convention relating to the application lodged by Mr H.A.J.M. Marijnissen against the Netherlands (Application No. 9193/80);   Whereas on 29 June 1984 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 (art. 32-1), of the convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 (art. 48) of the convention;   Whereas in his application introduced on 31 October 1980 the applicant complained that the delay which elapsed between the filing of his appeal and the date of the decision by the Court of Appeal confirming his conviction was not a reasonable delay within the meaning of Article 6, paragraph 1 (art. 6-1), of the convention;   Whereas the Commission after having declared the application admissible on 6 July 1983, in its report adopted on 12 March 1984 found that in the circumstances of the case the period of more than two years between the filing of the applicant's appeal and the hearing in that appeal amounted to a delay which was not in line with the requirements of Article 6, paragraph 1 (art. 6-1), of the convention and expressed the opinion by 12 votes to 6 that in the present case there was a violation of Article 6, paragraph 1 (art. 6-1), of the convention;   Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1 (art. 31-1), of the convention;   Voting in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the convention,   a.    Decides that in this case there has been a violation of Article 6, paragraph 1 (art. 6-1), of the convention;   b.    Having been informed by the Government of the Netherlands that it accepted the decision of the Committee of Ministers, that the sentence served against the applicant would not be executed and that no mention of this sentence would appear in the applicant's judicial record, decides that no further action is called for in this case.