The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on 16 May 1988
by Mr Johannes Paulus Emmanuel Baakman against the Netherlands
(Application No. 14224/88);
Whereas on 6 July 1992 the Commission transmitted the said
report to the Committee of Ministers and whereas the period of
three months provided for in Article 32, paragraph 1 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application the applicant complained, inter
alia, of the excessive length of civil proceedings and of the lack
of an effective remedy against an infringement of his rights as an
owner;
Whereas the Commission declared the application admissible on
9 July 1991 and in its report adopted on 14 May 1992 expressed, by
fifteen votes to four, the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention, and,
unanimously, that there had been no violation of Article 13
(art. 13) of the Convention;
Whereas, at the 483rd meeting of the Ministers' Deputies held
on 10 November 1992, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals made
by the Commission when transmitting its report as regards just
satisfaction to be awarded to the applicant, proposals supplemented
by a letter of the President of the Commission dated
18 February 1993;
Whereas on 9 March 1993 the Committee of Ministers held, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of the Netherlands was to pay the
applicant, within three months, 7 200 Dutch guilders in respect of
non-pecuniary damage and costs and expenses;
Whereas the Committee of Ministers invited the Government of
the Netherlands to inform it of the measures taken following its
decisions of 10 November 1992 and 9 March 1993, having regard to
the Netherlands' obligation under Article 32, paragraph 4
(art. 32-4), of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that
on 16 April 1993 the Government of the Netherlands paid the
applicant the sum of 7 200 Dutch guilders in respect of just
satisfaction,
Declares, having taken note of the measures taken by the
Government of the Netherlands, that it has exercised its functions
under Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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