J.D. v. the Netherlands



In the case of J.D. v. the Netherlands (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 48-2) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms ("the Convention") and Rule 26 of Rules of Court B (2),

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Notes by the Registrar

1 The case is numbered 77/1995/583/669. The first number is

the case's position on the list of cases referred to the Court

in the relevant year (second number). The last two numbers

indicate the case's position on the list of cases referred to the

Court since its creation and on the list of the corresponding

originating applications to the Commission.

2 Rules of Court B, which came into force on 2 October 1994,

apply to all cases concerning the States bound by Protocol No. 9

(P9).

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Sitting in private at Strasbourg on 24 January and

19 February 1996, and composed of the following judges:

Mr Thór Vilhjálmsson, Chairman,

Mr F. Gölcüklü,

Mr S.K. Martens,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the Kingdom of

the Netherlands lodged with the Court on 13 September 1995 by

Mr J.D., a stateless person born as a Yugoslav national, within

the three-month period laid down by Article 32 para. 1 and

Article 47 (art. 32-1, art. 47) of the Convention;

Whereas the Netherlands have recognised the compulsory

jurisdiction of the Court (Article 46 of the Convention)

(art. 46) and ratified Protocol No. 9 (P9) to the Convention,

Article 5 (P9-5) of which amends Article 48 (art. 48) of the

Convention so as to enable a person, non-governmental

organisation or group of individuals having lodged a complaint

with the European Commission of Human Rights ("the Commission")

to refer the case to the Court;

Noting that the present case has not been referred to the

Court by either the Government of the respondent State or the

Commission under Article 48 para. 1 (a) or (d) (art. 48-1-a,

art. 48-1-d) of the Convention;

Having regard to the Commission's report of 27 June 1995

on the application (no. 19508/92) lodged with the Commission by

Mr J.D. on 28 January 1992;

Whereas the applicant complained of the length of criminal

proceedings which had been brought against him before the

Netherlands courts, and alleged a breach of Article 6 para. 1

(art. 6-1) of the Convention, under which "In the determination

of ... any criminal charge against him, everyone is entitled to

a ... hearing within a reasonable time ...";

Whereas the applicant, in specifying the object of his

application, as required by Rule 34 para. 1 (a) of Rules of

Court B, stated that he sought a decision by the Court holding

that there had been a breach of Article 6 para. 1 (art. 6-1) of

the Convention and ordering the respondent State to pay him

appropriate compensation for the damage he had allegedly

sustained on account of the length of the proceedings in issue;

Having regard to Article 48 (art. 48) of the Convention

and Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,

1 Finds that

(a) the case raises no serious question affecting the

interpretation or application of the Convention, as

the Court has already established case-law on the

"reasonable time" requirement in Article 6 para. 1

(art. 6-1) of the Convention; and

(b) the case does not, for any other reason, warrant

consideration by the Court as, in the event of a

finding that there has been a breach of the

Convention, the Committee of Ministers of the Council

of Europe can award the applicant just satisfaction,

having regard to any proposals made by the

Commission;

2 Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

14 March 1996 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: THÓR VILHJÁLMSSON

Chairman

Signed: Herbert PETZOLD

Registrar