viernes, 24 de agosto de 2012

CASE OF KOSTOVSKI v. THE NETHERLANDS (Application no. 11454/85)

1.   The case was referred to the Court by the European Commission of  Human Rights ("the  ommission") and by the Netherlands Government ("the Government") on 18 July and 15 September 1988 respectively, within the three-month period laid down by Article 32 § 1 and Article 47 (art. 32-1, art. 47) of the Convention for the Protection of Human Rights and Fundamental  Freedoms ("the Convention"). It originated in an application (no. 11454/85)  against the Kingdom of the Netherlands lodged with the Commission in March
1985 under Article 25 (art. 25) by a Yugoslav citizen, Mr Slobodan Kostovski. 

It is open to the public prosecutor, under Article 181 CCP, to request what is lled - in order to distinguish it from the subsequent investigation at the trial - a "preliminary investigation", which it is the task of an examining magistrate to conduct. 
In that event the latter will hear the suspect, witnesses and experts as soon as possible and as often as is required (Article 185 CCP)

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