CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 10 décembre 1982

.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 Wim Hendriks against the Netherlands (No. 8427/78);   Whereas on 8 June 1982 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 24 November 1978 the applicant complained that, contrary to Article 8 (art. 8) of the Convention, he could not effectively enjoy the right of access to his child, that the court proceedings concerning his request for access violated Article 6, paragraph 1 (art. 6-1), of the Convention and that the court's refusal to grant him access to his child was contrary to Article 3 (art. 3) of the Convention;   Whereas the Commission, having declared the application admissible on 13 March 1980, had expressed in its report the opinion, by 10 votes to 6, that there had been no violation of Article 8 (art. 8) of the Convention, by 12 votes to 2 with two abstentions, that there had been no violation of Article 3 (art. 3) of the Convention, unanimously, that the court proceedings concerned did not, as regards their length, disclose a violation of Article 6, paragraph 1 (art. 6-1), of the Convention and, by 14 votes with 2 abstentions, that the procedure followed by the courts did not otherwise disclose a violation of the same article;   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,   Decides that, in this case, there was no violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.