PLAZO RAZONABLE - EUROPEAN COMMISSION OF HUMAN RIGHTS FIRST CHAMBER Application No. 16052/90 Kurt Heydasch against Germany REPORT OF THE COMMISSION (adopted on 6 April 1993)

 

c.    The reasonableness of the length of the proceedings

 

24.   The Commission recalls that the reasonableness of the length of proceedings must be assessed in the light of the particular circumstances of the case and having regard to the complexity of the case, the conduct of the parties and the conduct of the authorities dealing with the case.  In this instance the circumstances call for an overall assessment (see Eur. Court H.R., Ficara judgment of 19 February 1991, Series A no. 196-A, p. 9, para. 17).

 25.   The respondent Government submit that the investigations against the applicant were particularly difficult on the ground that they involved rogatory proceedings in order to establish the applicant'scapital gains abroad.

 26.   The Commission considers that the investigations were complex to some extent due to the nature of charges against the applicant.  There is no indication that the applicant contributed to the delay of the proceedings.  Even taking into account the difficulties caused by the fact that the applicant had apparently foreign sources of income and  used different places of residence, the Commission finds that the  proceedings against him, which lasted more than seven and a half year at the stage of investigations, exceeded the "reasonable time" referred to in Article 6 para. 1 (Art. 6-1) of the Convention.

 

      CONCLUSION

 

27.   The Commission concludes, by 9 votes to 2, that there has been a violation of Article 6 para. 1 (Art. 6-1) of the Convention.