CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 6 février 1990

.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 }                          AS TO THE ADMISSIBILITY OF                          Application No. 15589/89                                 by Y.K.                             against Belgium         The European Commission of Human Rights sitting in private on 6 February 1990, the following members being present:         MM.   C.A. NØRGAARD, President            J.A. FROWEIN            S. TRESCHEL            F. ERMACORA            E. BUSUTTIL            G. JÖRUNDSSON            A.S. GÖZÜBÜYÜK            A. WEITZEL            J.-C. SOYER            H.G. SCHERMERS            H. DANELIUS            J. CAMPINOS            H. VANDENBERGHE       Mrs. G.H. THUNE       Sir   Basil HALL       MM.   F. MARTINEZ            C.L. ROZAKIS       Mrs. J. LIDDY       Mr.   L. LOUCAIDES         Mr.   H.C. KRÜGER, Secretary to the Commission         Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 13 September 1989 by Y.K. against Belgium and registered on 9 October 1989 under file No. 15589/89;         Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;         Having deliberated;         Decides as follows:         The applicant is a Turkish citizen, born in 1960.   He is serving a sentence in the prison of Ghent (Belgium).   Before the Commission he is represented by Mr. M. Moszkowicz sr., a lawyer practising at Maastricht, the Netherlands.         The applicant was arrested on 9 May 1988.   On 10 May 1988, the investigating judge (juge d'instruction) of Verviers (Belgium) issued a warrant for his arrest and charged him with drug trafficking.   On 13 May 1988, the Committals Chamber of the Verviers Criminal Court (chambre du conseil du tribunal de première instance) confirmed the warrant.   The applicant's appeal against the decision was rejected by the Indictment Division of the Liège Court of appeal (chambre des mises en accusation de la cour d'appel) on 26 May 1988.   On 22 July 1988, the Court of Cassation (Cour de cassation) dismissed an appeal on points of law.         On 28 September 1988, the applicant was convicted by the Criminal Court (tribunal correctionnel) of Verviers and sentenced to seven years' imprisonment.   The Court of Appeal (cour d'appel) of liège rejected the applicant's appeal on 20 January 1989.   On 12 April 1989, the Court of Cassation dismissed an appeal on points of law.         Before the Commission, the applicant alleges various violations of the Convention in the proceedings before the investigating judge, the Committals Chamber and the Indictment Division concerning his detention on remand.   He invokes Article 5 para. 4 as well as Article 6 paras. 1 and 3 (b), (c) of the Convention.         However, the Commission notes that the final decision concerning the detention of remand of the applicant was the judgment of the Court of Cassation of 22 July 1988.   This decision is therefore the starting point for calculating the six month period provided for in Article 26 of the Convention.   Since the application was introduced on 13 September 1989, which is more than six months later, the application has been lodged out of time and must be rejected under Article 27 para. 3 of the Convention.         For these reasons, the Commission         DECLARES THE APPLICATION INADMISSIBLE.   Secretary to the Commission                  President to the Commission         (H.C. KRÜGER)                                (C.A. NØRGGARD)