Y.K. v. Belgium



AS TO THE ADMISSIBILITY OF

Application No. 15589/89

by Y.K.

against Belgium

The European Commission of Human Rights sitting in private on

6 February 1990, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRESCHEL

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

J. CAMPINOS

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. L. LOUCAIDES

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 13 September 1989

by Y.K. against Belgium and registered on 9 October 1989 under file

No. 15589/89;

Having regard to the report provided for in Rule 40 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

The applicant is a Turkish citizen, born in 1960. He is serving

a sentence in the prison of Ghent (Belgium). Before the Commission he

is represented by Mr. M. Moszkowicz sr., a lawyer practising at

Maastricht, the Netherlands.

The applicant was arrested on 9 May 1988. On 10 May 1988, the

investigating judge (juge d'instruction) of Verviers (Belgium) issued

a warrant for his arrest and charged him with drug trafficking. On

13 May 1988, the Committals Chamber of the Verviers Criminal Court

(chambre du conseil du tribunal de première instance) confirmed the

warrant. The applicant's appeal against the decision was rejected by

the Indictment Division of the Liège Court of appeal (chambre des mises

en accusation de la cour d'appel) on 26 May 1988. On 22 July 1988, the

Court of Cassation (Cour de cassation) dismissed an appeal on points

of law.

On 28 September 1988, the applicant was convicted by the Criminal

Court (tribunal correctionnel) of Verviers and sentenced to seven

years' imprisonment. The Court of Appeal (cour d'appel) of liège

rejected the applicant's appeal on 20 January 1989. On 12 April 1989,

the Court of Cassation dismissed an appeal on points of law.

Before the Commission, the applicant alleges various violations

of the Convention in the proceedings before the investigating judge,

the Committals Chamber and the Indictment Division concerning his

detention on remand. He invokes Article 5 para. 4 as well as

Article 6 paras. 1 and 3 (b), (c) of the Convention.

However, the Commission notes that the final decision concerning

the detention of remand of the applicant was the judgment of the Court

of Cassation of 22 July 1988. This decision is therefore the starting

point for calculating the six month period provided for in Article 26

of the Convention. Since the application was introduced on

13 September 1989, which is more than six months later, the application

has been lodged out of time and must be rejected under Article 27 para.

3 of the Convention.

For these reasons, the Commission

DECLARES THE APPLICATION INADMISSIBLE.

Secretary to the Commission President to the Commission

(H.C. KRÜGER) (C.A. NØRGGARD)