CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 15 octobre 1993

.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 on 23 August 1990   by Mr H. against Germany (Application No. 17446/90);        Whereas on 14 June 1993 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 the applicant complained of a violation of Article 6, paragraphs 1 and 3.d (art. 6-1, art. 6-3-d), of the Convention which concerns the fairness of criminal proceedings and more particularly the possiblity for the applicant to call as witnesses staff members of the Prosecutor's Department concerning an alleged agreement between one of the co-accused and the prosecutor, whereby that co-accused would be sentenced to a lighter punishment if he made certain confessions, which would constitute evidence against the applicant;        Whereas the Commission declared the application admissible on 14 May 1992 and in its report adopted on 4 May 1993 expressed, by eight votes to six, the opinion that there had been no violation of paragraphs 1 and 3.d of Article 6 (art. 6-1, art. 6-3-d) of the Convention;        Whereas, at the 499th meeting of the Ministers' Deputies held on 15 October 1993, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention, that there had been in this case no violation of paragraphs 1 and 3.d of Article 6 (art. 6-1, art. 6-3-d) of the Convention,        Declares that it has exercised its functions under Article 32 (art. 32) of the Convention in this case;        Authorises the publication of the report adopted by the Commission in this case.