The Committee of Ministers, under the terms of Article 54 (art. 54)
of the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgment of the European Court of Human Rights in
the Ben Yaacoub case, delivered on 27 November 1987 and transmitted
the same day to the Committee of Ministers;
Recalling that the case originated in an application against the
Kingdom of Belgium lodged with the European Commission of Human Rights
on 30 June 1982 under Article 25 (art. 25) of the convention by
Mr Borhane Ben Yaacoub, a Tunisian citizen, who alleged that criminal
charges against him had not been heard by an "impartial tribunal"
within the meaning of Article 6, paragraph 1 (art. 6-1), of the convention;
Recalling that the Commission declared the application admissible
on 4 May 1983 and in its report adopted on 7 May 1985 expressed the
opinion, by six votes to four, that the applicant's case had not been
heard by an "impartial tribunal" within the meaning of Article 6,
paragraph 1 (art. 6-1), of the convention and that there had been,
therefore, a breach of that provision;
Recalling that the case was brought before the Court by the Commission
on 11 July 1985;
Whereas in its judgment of 27 November 1987 the Court, having taken
formal note of a friendly settlement reached by the Government of
Belgium and the applicant and having satisfied itself that there were
no reasons of public policy (ordre public) necessitating the
continuation of the proceedings, decided unanimously to strike the
case out of its list;
Whereas under the above-mentioned friendly settlement it was agreed
that:
- the Belgian Government would lift, with effect from 30 August 1992,
the effects of an expulsion order made against Mr Ben Yaacoub;
- prior to that date, any request for safe-conduct enabling him to
enter Belgium would be examined, provided that it was based on valid
reasons and was supported by appropriate evidence;
- the Government would pay to the applicant 100 000 Belgian francs by
way of agreed damages;
- the costs and fees occasioned by both the appeal on points of law
and the proceedings before the convention institutions would be
refunded in the amount of 200 000 Belgian francs;
Recalling that Rule 48, paragraph 3, of the Court's Rules provides
that the striking out of a case shall be effected by means of a
judgment which the President shall forward to the Committee of
Ministers in order to allow it to supervise, in accordance with
Article 54 (art. 54) of the convention, the execution of any
undertakings which may have been attached to the discontinuance or
solution of the matter;
Having invited the Government of Belgium to inform it of the measures
taken so far for the execution of the undertakings attached to the
solution of the case;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Belgium gave the Committee information
about the measures taken, which information appears in the appendix to
this resolution;
Having satisfied itself that the Government of Belgium has paid the
applicant the sums provided for in the friendly settlement;
Declares, after having taken note of the information supplied by the
Government of Belgium, that it has provisionally exercised its
functions under Article 54 (art. 54) of the convention in this case;
Decides to resume consideration of this case at its first meeting
after 30 August 1992, or earlier if appropriate.
Appendix to Interim Resolution DH (88) 13
Information provided by the Government of Belgium
during the examination of the Ben Yaacoub case
before the Committee of Ministers
In accordance with the friendly settlement reached in this case, the
Government of Belgium paid to the applicant, on 4 July 1988,
100 000 Belgian francs by way of agreed damages and 200 000 Belgian
francs in respect of costs and fees.
The Belgian Government undertakes to notify the Committee of Ministers
of the date on which the effects of the expulsion order against
Mr Ben Yaacoub are lifted. Prior to that date, it undertakes to
examine any request for safe-conduct enabling Mr Ben Yaacoub to enter
Belgium, provided that it is based on valid reasons and is supported
by appropriate evidence.
In the light of the above, the Belgian Government considers that it
has provisionally complied with its obligations under Article 53
(art. 53) of the European Convention on Human Rights.