CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 19 février 1971

.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 Dr. Michael Graf Soltikow, a German national, against the Federal Republic of Germany (No. 2257/64);   Whereas the Commission transmitted the said report to the Committee of Ministers on 15 April 1970 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 Court in pursuance of Article 48 (art. 48) of the Convention;   Whereas in his application introduced on 11 September 1962 and registered on 27 July 1964, Dr. Michael Graf Soltikow complained of violations of several articles of the Convention, alleged to have taken place during the judicial proceedings instituted against him in the Federal Republic of Germany;   Whereas the Commission, on 7 October 1966, rejected certain parts of the application as being inadmissible and on 5 April 1968, after having rejected another part, declared admissible the applicant's complaint under Article 6, paragraph 1 (art. 6-1), of the Convention concerning the length of the criminal proceedings:   Whereas the Commission, during the examination of the merits of the case, considered whether or not the length of the criminal proceedings had exceeded a reasonable time and the manner in which the case had been conducted by the judicial authorities;   Whereas the Commission, while observing that the relevant period, which extended slightly over ten years and three months, was undoubtedly an exceptionally long period, considered that the German judicial and other competent authorities at no stage of the proceedings seemed to have neglected their duty to advance the course of the proceedings, and that the length of the latter was due primarily to the incalculable number of complaints, submissions and applications made by the applicant during the course of the proceedings;   Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1 (art. 31-1), of the Convention, by eight votes to four, to the effect that in the particular circumstances of the present case the length of the criminal proceedings before the German courts did not exceed a reasonable time within the meaning of Article 6, paragraph 1 (art. 6-1), of the Convention;   Voting in accordance with the provisions of Article 32, paragraph 1 (art. 32-1) of the Convention,   Decides that in this case there was no violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.