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 Berrehab case, delivered on 21 June 1988 and transmitted the same
day to the Committee of Ministers;
Recalling that the case originated in an application against the
Kingdom of the Netherlands lodged with the European Commission of
Human Rights on 14 November 1983 under Article 25 (art. 25) of the
Convention inter alios by Mr Abdellah Berrehab, a Moroccan national,
and his daughter Rebecca Berrehab, a Netherlands national, who
complained of the refusal by the Dutch authorities to grant
Mr Berrehab a new residence permit after his divorce from his wife, a
Netherlands national, and of his resulting deportation from the
Netherlands on 5 January 1984, the applicants alleging a violation of
Articles 3 and 8 (art. 3, art. 8) of the convention;
Recalling that the case was brought before the Court by the Commission
on 13 March 1987 and by the Netherlands Government on 10 April 1987;
Whereas in its judgment of 21 June 1988 the Court:
- held, by six votes to one, that there had been a violation of
Article 8 (art. 8);
- held unanimously that there had been no violation of Article 3
(art. 3);
- held unanimously that the Netherlands was to pay to the applicants
20 000 Dutch guilders by way of just satisfaction;
- rejected unanimously the remainder of the claim for just
satisfaction;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the convention;
Having invited the Government of the Netherlands to inform it of the
measures which had been taken in consequence of the judgment, having
regard to its obligation under Article 53 (art. 53) of the convention
to abide by it;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of the Netherlands gave the Committee
information about the measures taken in consequence of the judgment,
which information appears in the appendix to this resolution;
Having satisfied itself that the Government of the Netherlands has
paid to the applicants the sum provided for in the judgment,
Declares, after having taken note of the information supplied by the
Government of the Netherlands, that it has exercised its functions
under Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (89) 13
Information provided by the Government of the Netherlands during the
examination of the Berrehab case before the Committee of Ministers
The Netherlands Government has formally taken note of the Court's
judgment of 21 June 1988. Dutch immigration policy shall henceforth
be applied in such a manner as to avoid violations of the convention
of the kind found in the Berrehab case.
The sum provided for in the Court's judgment has been paid to the
applicants.