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In the "Wemhoff" case,

The European Court of Human Rights, constituted in accordance with
Article 43 (art. 43) of the Convention for the Protection of Human
Rights and Fundamental Freedoms (hereinafter referred to as "the
Convention") and with Rules 21 and 22 of the Rules of Court in a
Chamber composed of the following Judges:

Mr. H. ROLIN, President, and
MM. E. RODENBOURG,
T. WOLD,
H. MOSLER,
M. ZEKIA,
A. FAVRE,
S. BILGE, and also
Mr. H. GOLSONG, Registrar, and
Mr. EISSEN, Deputy Registrar,

Decides as follows:

PROCEDURE

1. By a request dated 7 October 1966 the European Commission of Human
Rights (hereinafter called "The Commission") referred to the Court the
"Wemhoff" case (Rule 31 (2) of the Rules of Court). The origin of the
case lies in an Application lodged with the Commission by
Karl-Heinz Wemhoff, a German national, against the Federal Republic of
Germany (Article 25 of the Convention) (art. 25).

The Commission's request, to which was attached the Report provided
for in Article 31 (art. 31) of the Convention, was lodged with the
Registry of the Court within the period of three months laid down in
Articles 32 (1) and 47 (art. 32-1, art. 47). The Commission referred
firstly to Articles 44 and 48 (a) (art. 44, art. 48-a) and secondly to
the declaration by the Government of the Federal Republic of Germany
(hereinafter called "the Government") recognising the compulsory
jurisdiction of the Court by virtue of Article 46 (art. 46)
of the Convention.

2. On 7 November 1966 Mr. René Cassin, President of the Court, drew
by lot, in the presence of the Deputy Registrar, the names of six of
the seven Judges called upon to sit as members of the Chamber
mentioned above, Mr. Hermann Mosler, the elected Judge of German
nationality, being an ex officio member under Article 43 (art. 43)
of the Convention; the President also drew by lot the names of three
Substitute Judges. One of the Judges who was designated as a member
of the Chamber was later prevented from taking part in the sittings;
he was replaced by the First Substitute Judge.

3. On 22 November 1966 the President of the Chamber ascertained the
views of the Agent of the Government and the Delegates of the
Commission on the procedure to be followed. By an Order of the same
day he decided that the Commission could present its first memorial
not later than 20 December 1966 and that the Government should have
until 15 April 1967 for its memorial in reply. At the Government's
request the latter term was extented until 15 May 1967 (Order of
6 April 1967).

The Commission's first memorial and that of the Government were
received by the Registry within the time-limits allowed.

4. In his Order of 6 April 1967 the President of the Chamber had
given the Commission until 1 September 1967 to file a second memorial.
This was received by the Registry on 3 August 1967.

5. As authorised by the President of the Chamber in an Order of
8 September 1967, the Government filed a second and final memorial on
17 November 1967.

6. Giving effect to a request of the Government, the Chamber
authorised the Agent, counsel and advisers of the former, on
24 November 1967, to use the German language in the oral proceedings,
it being the responsibility of the Government to ensure the
interpretation into French or English of their oral arguments or
statements (Rule 27 (2) of the Rules of Court).

7. On 6 and 10 January 1968 the President of the Chamber instructed
the Registrar to invite the Commission to produce certain documents,
which were placed on the file on 8 and 11 January 1968.

8. In accordance with an Order made by the President of the Chamber
on 21 November 1967, a public hearing was held at the Human Rights
Building, Strasbourg, on 9 and 10 January 1968.

There appeared before the Court:

- for the Commission:

Mr. M. Sørensen, Principal Delegate, and
MM. C.T. Eustathiades, F. Ermacora and J.E.S. Fawcett, Delegates;

- for the Government:

Mr. W. Bertram, Ministerialrat in the Federal Ministry of Justice,
Agent, assisted by:
Mr. W. Krüger, Regierungsdirektor in the Federal Ministry of Justice,
Mr. D. Schultz, Senatsrat in the Berlin Ministry of Justice, and
Mr. H. Gross, Senior Public Prosecutor, Public Prosecutor's Office,
Berlin, Counsel.

The Court heard statements and submissions:

- for the Commission: by Mr. M. Sørensen;

- for the Government: by MM. W. Bertram, H. Gross and D. Schultz.

On 9 January 1968 the Court put to the Agent for the Government and
the representatives of the Commission certain questions, to which they
replied on 10 January.

On the same day the President of the Chamber declared the hearings
closed.

9. On 1 February and 25 April 1968 the President of the Chamber
instructed the Registrar to obtain from the Commission certain
additional information and documents, which the Commission supplied in
February and at the end of April.

10. After deliberating in private the Court gave the present
judgment.

AS TO THE FACTS

1. The object of the Commission's request is to submit the case of
Karl-Heinz Wemhoff to the Court so that the Court may decide whether
or not the facts reveal any violation by the Federal Republic of
Germany of its obligations under Articles 5 (3) and 6 (1)
(art. 5-3, art. 6-1) of the Convention.

2. The facts of the case, as they appear from the Commission's
Report, the memorials, documents and evidence submitted to the Court
and the oral statements made by the Commission and the Government, are
essentially as follows:
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