CEDH · CASELAW;REPORTS;ENG — 15 avril 1997

.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 }                        EUROPEAN COMMISSION OF HUMAN RIGHTS                               SECOND CHAMBER                          Application No. 23871/94                             Knud Roland Larsen                                   against                                     Denmark                          REPORT OF THE COMMISSION                         (adopted on 15 April 1997)                              TABLE OF CONTENTS                                                                    Page   INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1   PART I   :   STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 3   PART II :   SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 4                                INTRODUCTION   1.     This Report relates to the application introduced under Article 25 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Knud Roland Larsen against Denmark on 23 February 1994.   It was registered on 14 April 1994 under file No. 23871/94.   2.     The applicant was represented by Jesper Berning, a lawyer practising in Copenhagen.   3.     The Government of Denmark were represented by their Agent, Mr Laurids Mikaelsen, Ambassador, Head of the Legal Service of the Ministry of Foreign Affairs.   4.     On 16 October 1996 the Commission (Second Chamber) declared the application admissible in so far as it concerns the length of the criminal proceedings. The remainder of the application was declared inadmissible. It then proceeded to carry out its task under Article 28 para. 1 of the Convention which provides as follows:         "In the event of the Commission accepting a petition       referred to it:         a.    it shall, with a view to ascertaining the facts,       undertake together with the representatives of the parties       an examination of the petition and, if need be, an       investigation, for the effective conduct of which the       States concerned shall furnish all necessary facilities,       after an exchange of views with the Commission;         b.    it shall at the same time place itself at the disposal       of the parties concerned with a view to securing a friendly       settlement of the matter on the basis of respect for Human       Rights as defined in this Convention."   5.     The Commission (Second Chamber) found that the parties had reached a friendly settlement of the case and on 15 April 1997 it adopted this Report, which, in accordance with Article 28 para. 2 of the Convention, is confined to a brief statement of the facts and of the solution reached.   6.     The following members were present when the Report was adopted:              Mrs.   G.H. THUNE, President            MM.    J.-C. GEUS                  G. JÖRUNDSSON                  A. GÖZÜBÜYÜK                  J.-C. SOYER                  H. DANELIUS                  F. MARTINEZ                  M.A. NOWICKI                  I. CABRAL BARRETO                  J. MUCHA                  D. SVÁBY                  P. LORENZEN                  E. BIELIUNAS                  E.A. ALKEMA                  A. ARABADJIEV                                   PART I                           STATEMENT OF THE FACTS   7.     The applicant is a Danish citizen, born in 1935 and resident in Risskov, Denmark.   8.     In 1988 the local tax authority commenced an investigation into certain presumed irregularities in the applicant's and his companies' tax declarations. Police investigations subsequently commenced and the applicant's home and his companies' offices were searched on 7 November 1989. On 26 April 1993 an indictment was served whereby the applicant was charged with tax fraud and violations of a number of Acts on excise duties. By judgment of 2 September 1993 the Århus City Court (Retten i Århus) found the applicant guilty of the charges brought against him and sentenced him to one year's imprisonment and a fine of 2,000,000 DKK. By judgment of 25 May 1994 the High Court of Western Denmark (Vestre Landsret) upheld the applicant's conviction and sentence while reducing, however, the fine to 1,900,000 DKK. Leave to appeal was refused on 5 April 1995.   9.     Before the Commission the applicant complained that the criminal charges against him were not determined within a reasonable time. He invoked Article 6 para. 1 of the Convention.                                   PART II                              SOLUTION REACHED   10.    Following the decision on the admissibility of the application, the Commission (Second Chamber) placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 para. 1 (b) of the Convention and invited the parties to submit any proposals they wished to make.   11.    In accordance with the usual practice, the Chamber Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   12.    By letters of 21 November and 20 December 1996 the Government and the applicant, respectively, indicated their willingness, in principle, to reach a friendly settlement and they requested the Commission's assistance concerning the terms of a friendly settlement.   13.    By letter of 4 March 1997 the Commission (Second Chamber) informed the parties that it considered that it would be appropriate to settle the case on the basis of an offer made by the Government in their letter of 21 November 1996, i.e. that the Government acknowledge that Mr Knud Roland Larsen had been a victim of a violation of Article 6 para. 1 of the Convention and that the Government pay 40,000 DKK to the applicant for non-pecuniary damages and 10,000 DKK plus value added tax for costs and expenses.   14.    By letter of 11 March 1997 the Agent of the Government informed the Commission as follows:         "With reference to your letter of 4 March 1997 concerning       the above application, I am glad to inform you that the       Government can agree to settle the case on the terms       mentioned in your letter."   15.    By letter of 8 April 1997 the applicant's representative informed the Commission as follows:         "With reference to the Commission's letter dated       4 March 1997 I am happy to announce that my client is       willing to accept the friendly settlement proposal on the       terms stipulated in the above letter.         My client expects to receive a report from the       [Commission], cf. Article 28 of the Convention."   16.    At its session on 15 April 1997, the Commission noted that the parties had reached an agreement regarding the terms of a settlement. It further considered, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement of the case had been secured on the basis of respect for Human Rights as defined in the Convention.   17.    For these reasons, the Commission adopted the present Report.           M.-T. SCHOEPFER                         G.H. THUNE            Secretary                             President       to the Second Chamber                of the Second Chamber