CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 28 juin 1968

.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,   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.