cannot be denied the right to try now to obtain enforcement of the orders which have been granted ...”The First Instance Court found in favour of the plaintiffs on all claims and set a default fine of NAF 10,000 for each day of failure to respect any of the orders or prohibitions to the detriment of one of the plaintiffs up to a maximum of NAF 250,000 per plaintiff, and a default fine of NAF 50,000 for each time the prohibition on corporal punishment was not respected as regards any of the plaintiffs.
52. Following a violent incident on 14 July 1998 at the Koraal Specht Prison in Curaçao (see paragraph 57 below), five detainees brought tort proceedings against the authorities of the Netherlands Antilles. In its decisions of 6 December 1999, the Court of First Instance of Curaçao held that the plaintiffs had been subjected to treatment contrary to Article 3 of the Convention and awarded them damages varying from NAF 10,000 to NAF 22,500 (Arrindel v. the Netherlands Antilles, A.R. nr. 1598/99, Thodé v. the Netherlands Antilles, A.R. nr. 1599/99, Bart v. the Netherlands Antilles, A.R. nr. 1600/99, Jops v. the Netherlands Antilles, A.R. nr. 1601/99, and Dovale v. the Netherlands Antilles, A.R. nr. 1696/99).
III. RELEVANT DOMESTIC AND INTERNATIONAL MATERIALS
53. In its Report of 18 January 1997, the European Committee for the Prevention of Torture and Inhuman Treatment (“CPT”) on its visit to the Netherlands Antilles from 26 to 30 June 1994[6], found that the conditions of detention in the Koraal Specht Prison amounted to inhuman and degrading treatment. This finding led the CPT’s delegation to send a letter on 10 August 1994 to the Minister of Justice setting out a number of urgent measures which had to be taken to improve conditions of detention there.
54. According to this Report, the Koraal Specht Prison regulations make no provision for the use of telephones by prisoners and that, in practice, it appeared that prisoners who are resident in the island of Curaçao could make calls once a week and foreign nationals once a month. Calls were apparently limited to about ten minutes and were monitored by prison staff. As to the visiting facilities, the CPT recommended their complete review in order to establish more open arrangements for ordinary visits.
The CPT further observed that placements in the punishment cell, with only bread and water on alternate days, was current practice, and recommended that the Netherlands Antilles take immediate steps to prohibit the placement of prisoners in punishment cells on a bread and water diet. The CPT further found that the amount of time that two general medical practitioners spent in the prison – 15 hours per week for about 500 prisoners – was inadequate.
55. The CPT Report of 10 December 1998 on its second visit to the Netherlands Antilles from 7 to 11 December 1997[7], in which the ruling of 14 November 1997 by the First Instance Court of Curaçao (see paragraph 51 above) is mentioned[8], concluded that the material conditions of detention in the Koraal Specht Prison remained unsatisfactory and the CPT called upon the Netherlands Antilles authorities to take immediate steps to draw up a comprehensive strategy to combat violence in all its forms at Koraal Specht Prison and that this strategy be vigorously implemented without delay. It also recommended that the Netherlands Antilles authorities redouble their efforts in inter alia reducing the overcrowding and improving the overall state of repair of the detention areas (including the sanitary facilities). The CPT further recommended that immediate steps be taken to ensure that every prisoner would be supplied with a mattress at night.
56. Certain positive developments concerning prisoners’ contacts with the outside world were noted by the CPT delegation, particularly as regards improved access to a telephone and the possibility offered to some prisoners of having supervised open visits. Nevertheless, many complaints were heard from prisoners about lengthy delays before they were granted access to a telephone and about such access often being refused arbitrarily; complaints were also heard about the delayed distribution and/or forwarding of correspondence.
57. The CPT Report of 25 May 2000 on its third visit to the Netherlands Antilles from 25 to 29 January 1999[9] records that, as had been the case in 1997, health care staff insisted that many cases of violence went unreported and that apparently efforts to keep a precise record of cases of violence waned during the second half of 1998. The Report also mentions an incident having occurred on 14 July 1998 at the Koraal Specht Prison. The information gathered by the CPT delegation suggested that police officers had beaten prisoners who had already been brought under control; the prisoners were naked and handcuffed behind their backs. The matter had not been immediately reported by the prison staff to their own hierarchical superiors (the director of the prison) or to the National Criminal Investigation Department and, more than half a year later, investigations into the conduct of the police and prison officers involved were still at an embryonic stage. It further appeared that those same police officers continued to be deployed in the prison.
58. The CPT further noted that, by a Decree of 2 November 1998, an independent Commission was established (“the Kleinmoedig Commission”) to guarantee the physical integrity of persons deprived of their liberty and to investigate any abuse that might occur.
59. The CPT also observed that the measures adopted to address the acute problem of unauthorised prison staff absenteeism, resulting in levels of prison officer presence on the wings being considerably lower than necessary for the proper and safe functioning of the establishment, had failed, that no target date had been set for strengthening the enforcement of those measures and that apparently no alternative policy was being considered.
60. As regards the conditions of detention in the Koraal Specht Prison, the CPT noted the efforts made to improve the material environment, but also observed that the prison continued to suffer some degree of overcrowding, that problems in providing prisoners with adequate food at regular times and ready access to drinking water continued to persist, and that the health care services had worsened in comparison with its second visit in December 1997. The CPT delegation was further told that there was a shortage of mattresses, despite the fact that budgetary means were available.
61. In its response[10] to the CPT report on its third visit, the Netherlands Antilles authorities confirmed that, as to the alleged irregularities said to have taken place on 14 July 1998, a preliminary judicial investigation had commenced, in the course of which a number of witnesses were being heard by the investigating judge. The CPT was further informed that the water problem (inadequate pressure) had been resolved, that the arrangements for supplying meals were satisfactory and that there was no question now of a shortage of mattresses. The response further stated that the medical service had been restructured on 1 April 1999 in accordance with the recommendations of the CPT.
62. On 10 February 2000, in accordance with the National Decree No. 756/JAZ, an Investigation Commission was established to investigate a number of elements contained in the last CPT report, including conditions of detention. This Commission was presided over by Mr M. Gumbs, the then State Secretary of Justice of the Netherlands Antilles. In the course of its activities, the Investigation Commission conducted a visit to the Point Blanche Penitentiary.
In its report the Commission recorded that inmates at the Point Blanche Penitentiary, as well as the judicial authorities, had indicated that there were still cases of ill-treatment of inmates by prison guards. A complaint about this had been filed with the public prosecutor (Officier van Justitie) in the meantime. The judicial authorities indicated to the Commission that they had strong suspicions that ill-treatment had in fact occurred. The Commission noted that it was unclear what was being done to prevent ill-treatment. It also noted that inmates could file a written complaint to the public prosecutor through the prison director.
Inmates indicated to the Commission that there are no educational or recreational programmes for detainees, thus forcing detainees to remain idle all day. According to the detainees, it depended on who of the prison guards were on duty whether something was done with the detainees.
The Commission observed that in the recreation rooms, which were in a good state, several activities took place such as music lessons given by an inmate. It further noted that computers could be used and that there was a possibility to play table-tennis and watch television. It noted that, for lack of staff (only one staff member) and means to develop activities, there was only a limited use of the workshops.
The Commission recorded that the Point Blanche Penitentiary had a maximum capacity of 120 places which were constantly occupied. Although there were 32 members of staff, in practice only 16 were available daily. The reason for this considerable absenteeism was reportedly the failure to deal quickly enough with staff matters (payment of overtime, child allowances, salary adjustments, posting allowances, maintenance costs, etc.). As staff had already been waiting for these matters to be dealt with for years, they were threatening with actions if this situation did not improve soon.
In most cells – each having a surface of 12.8 m² and designed for one to three persons – furnishings such as chairs, tables and mattresses were either lacking or in bad condition, and sanitary facilities were in disrepair and dilapidated, sometimes to such an extent that inmates had to use buckets to shower and flush toilets. It recommended replacing the toilet flushes and the replacing the shower heads and taps with vandal-proof materials. The report further states that:
“the (natural) ventilation is “too” good. During hurricanes and during certain periods of the year, inmates must protect themselves against the strong winds (from hurricanes) and the humidity caused by condensation. To this end cardboard boxes are hung around the beds.”
The Investigation Commission further found the kitchen of the Point Blanche Penitentiary, where 120 meals are prepared daily, to be in an unacceptable state of dilapidation and disrepair, as well as freely accessible to vermin, including rats. It noted, inter alia, that for technical reasons (the need of repair) two cold-storage rooms were out of use for 2 and 6 years respectively, and that a much smaller cold-storage facility was being used, as a result of which only limited food supplies could be stored. This caused problems after the island had been hit by a hurricane and food was difficult to obtain. It recommended that the entire kitchen, including all the appliances, be replaced.
THE LAW
I. THE GOVERNMENT’S PRELIMINARY OBJECTION
63. The Government repeated their pre-admissibility argument that the application should be rejected for failure to exhaust domestic remedies as required by Article 35 § 1 of the Convention, which states:
“The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken.”
64. The Government conceded that the applicant could not be required, for the purposes of Article 35 § 1 of the Convention, to file a complaint with the Prisons and Remand Centres Supervisory Board, the Governor, the Procurator General, the Minister of Justice or the prison director.
65. However, relying on domestic case-law which had not been submitted during the admissibility proceedings, the Government contended that civil summary proceedings based on claims of tort are an effective remedy in the Netherlands Antilles against alleged breaches of the Convention by the administration, and that such proceedings had proved to be effective and swift, even in prison matters.
66. The Government were of the opinion that the applicant was free to put his Convention complaints before the civil court in summary proceedings. There was nothing to prevent the applicant from seeking an interim measure in summary proceedings, for which legal representation is not mandatory and, in any event, free legal aid was available to him. Moreover, the applicant was well aware of this possibility because, together with four other inmates of the Point Blanche Penitentiary, he took civil proceedings before the Court of First Instance of St. Maarten, claiming the same remission of sentence granted to detainees in the Koraal Specht Prison on grounds of overcrowding, as well as claiming the right to create an association of detainees in the Penitentiary. This resulted in a judgment of 18 April 1997 in which it was held inter alia that, on the basis of Article 11 of the Convention, inmates could claim the right of assembly and that, consequently, in all reasonableness and for the purposes of formalising the proposed association, the inmates’ representative and notary public could not be refused entry to the Point Blanche Penitentiary. It therefore ordered the authorities of the Netherlands Antilles to allow a notary public entry into the establishment. However, for reasons that are unclear, the applicant failed to avail himself of this remedy.
67. The applicant refuted the Government’s submissions as regards the effectiveness of such proceedings, as the prison authorities had acted within the rules and regulations in force at the time. Despite the assurances given, the Netherlands Antilles authorities had failed to initiate and implement the necessary changes. The civil courts were thus unable to offer adequate redress. Moreover, the prison authorities would not willingly grant an inmate access to court for an infringement of rules which had not been modified by the Minister of Justice.
68. The applicant confirmed that he had participated in the proceedings which resulted in the judgment of 18 April 1997 and referred to by the Government. However, he submitted that this action was brought by a newly arrived, well‑meaning lawyer who supported the inmates’ cause, but who was only prepared to take proceedings on behalf of a group and for a fee that was not within the reach of the individual inmate. Whilst the sum was relative to the total costs of the action, it still represented a considerable sum for many inmates. The applicant is therefore of the opinion that the concept of free and easy access to the courts, as submitted by the respondent Government, does not reflect the reality. Finally, he contended that there is ample evidence to demonstrate that, even when courts give a ruling, the administration is not swift in its implementation.
69. The relevant principles as to exhaustion of domestic remedies have been set out in inter alia the Court’s judgment of 28 July 1999 in the case of Selmouni v. France (no. 25803/94, §§ 74-77, ECHR 1999-V): The purpose of Article 35 § 1 of the Convention is to afford the Contracting States the opportunity of preventing or putting right the violations alleged against them before those allegations are submitted to the Convention institutions. However, the only remedies to be exhausted are those which are effective. It is incumbent on the Government claiming non-exhaustion to satisfy the Court that the remedy was an effective one available in theory and in practice at the relevant time.
Once this burden of proof has been satisfied, it falls to the applicant to establish that the remedy advanced by the Government was in fact exhausted, or was for some reason inadequate and ineffective in the particular circumstances of the case, or that there existed special circumstances absolving him or her from the requirement. One such reason may be the national authorities’ remaining totally passive in the face of serious allegations of misconduct or infliction of harm by State agents, for example where they have failed execute a court order. In such circumstances, the burden of proof shifts once again, so that it becomes incumbent on the respondent Government to show what they have done in response to the scale and seriousness of the matters complained of.
The Court would emphasise that the application of this rule must make due allowance for the context and the particular circumstances of the individual case. Accordingly, it has recognised that Article 35 § 1 must be applied with some degree of flexibility and without excessive formalism.
70. As regards the application of Article 35 § 1 of the Convention to the facts of the present case, the Court notes at the outset that it appears from various reports that the situation in the Netherlands Antilles prison establishments was, and continues to be, characterised by significant, serious, structural problems.
71. The Court observes that the various court decisions submitted by the respondent Government demonstrate the existence of a remedy before the civil courts. By availing themselves of this remedy, inmates may obtain a ruling as to the compatibility of administrative acts with their Convention rights and, if need be, to obtain injunctions.
72. The applicant, however, did not avail himself of this remedy in respect of his present complaints. On this point, the Court recalls that the existence of mere doubts as to the prospects of success of a particular remedy, which is not obviously futile, is not a valid reason for failing to exhaust domestic remedies (cf. Van Oosterwijck v. Belgium judgment of 6 November 1980, Series A no. 40, p. 18, § 37). However, in assessing the remedy suggested by the Government, the Court must take account not only of its existence in the legal system of the Netherlands Antilles but also of the general legal and political context in which it operates, as well as the personal circumstances of the applicants.
73. In this connection, the Court is struck by the findings of the First Instance Court of Curaçao in its decision of 14 November 1997 from which it clearly appears that the authorities of the Netherlands Antilles have remained totally passive for more than a year in complying with six injunctions to repair rather serious structural shortcomings of an elementary hygienic and humanitarian nature in prison facilities. Furthermore, the Court has regard to the findings and recommendations contained in various reports by, inter alia, the CPT on the conditions of detention in the Netherlands Antilles at the material time. The Court cannot but conclude that, in the absence of convincing explanations from the Government for their failure to take the necessary measures within a reasonable time to repair the structural problems criticised in these reports, and to observe the aforementioned court orders, there were special circumstances at the material time which dispensed the applicant from the obligation to exhaust the remedy suggested by the Government.
74. The Court therefore rejects the Government’s preliminary objection.
II. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
75. The applicant alleged that, during his detention in the Netherlands Antilles, the prison authorities interfered in his exchange of correspondence with his lawyers, the European Commission of Human Rights, Mr Gebhardt who represented him in the proceedings before the European Commission of Human Rights, the prosecution authorities of the Netherlands Antilles, the British Consul and private persons. He claimed that his correspondence was opened and read by the prison authorities and that he was prevented from establishing contacts outside prison because of the extremely limited facilities available to him to write letters or telephone. He relied on Article 8 of the Convention, which reads in so far as relevant as follows:
“1. Everyone has the right to respect for his private and family life, ... and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society ... for the prevention of disorder or crime ... .”
76. Although the Government do not dispute that the prison authorities interfered with the applicant’s correspondence and that the rules in force at the material time did not specifically privilege prisoners’ lawyers or the Convention institutions, they argue that generally speaking the confidential character of such correspondence was respected. Furthermore, under the new National Ordinance on Prisons, the category of privileged persons and organs includes “bodies that are competent under the law of the Netherlands Antilles to take cognisance of complaints or to hear cases commencing with a complaint”.
77. As to the applicant’s correspondence with Mr Gebhardt, the Government submit that the Point Blanche prison staff were not aware that Mr Gebhardt was acting as the applicant’s counsel in the proceedings before the Commission. The applicant had been represented by two other lawyers in the criminal proceedings against him who, unlike Mr Gebhardt, were officially registered in the Netherlands Antilles. Furthermore, Mr Gebhardt was known to the prison staff as a former inmate of the Point Blanche Penitentiary and the prison rules then in force prohibited correspondence with former prisoners. Relying on the Contracting States’ margin of appreciation under Article 8 of the Convention, the Government argue that the requirements for the safety and security of prison staff and others may reasonably have led the authorities to decide that correspondence between the applicant and a former inmate should be subject to control.
78. As regards the alleged interference with the applicant’s correspondence with persons other than the European Commission of Human Rights and his representative, the Government argue that this claim is unsubstantiated.
79. The Government submit that the rules in force at the relevant time in relation to detainees’ contacts with the outside world were compatible with the Convention. On this point, the Government contend that the new National Ordinance on Prisons, which contains regulations on detainees’ outside contacts by letter, telephone and visits, as well as the grounds on which a detainee’s right to respect for his correspondence may be restricted, fully meets the requirements of Article 8 of the Convention.
80. The applicant submits that, apart from his correspondence in relation to his application to the Commission, the prison authorities also interfered with his consular mail, and that any mail not sent out by the prison authorities was never returned to him. The applicant further refers to the complaints that were filed by his wife, the British Consul and himself in respect of inter alia the abruptness of their meetings with the applicant, despite the fact that overseas visitors were supposed to be allowed longer visits due to their infrequency.
a. Interference with the applicant’s correspondence with the European Commission of Human Rights
81. The Court notes that the Government do not contest that the prison authorities interfered with the applicant’s correspondence with the European Commission of Human Rights and his representative in the proceedings before the Commission (see paragraphs 22-28 above).
82. This interference with the applicant’s right to respect for his correspondence under Article 8 of the Convention can only be justified if the conditions of the second paragraph of this provision are met, namely whether it was “in accordance with the law”, pursued a legitimate aim, and was necessary in a democratic society for achieving that aim (cf. Di Giovine v. Italy, no. 39920/98, 26.7.2001, § 24).
83. The interference at issue had a legal basis, namely Article 46 of the National Decree and Articles 67-69 of the Rules of Order and Discipline for Prisons and Remand Centres. However, as regards the legitimate aim and the necessity of the interference, no reasons have been disclosed or substantiated which could justify the control of the applicant’s correspondence with a Convention organ, the confidentiality of which must be respected (cf. Peers v. Greece, no. 28524/95, 26.4.2001, § 84). In the absence of such reasons, the interference cannot be regarded as being justified under Article 8 § 2 of the Convention.84. Consequently, the Court finds that there has been a violation of Article 8 of the Convention.
b. Interference with the applicant’s correspondence with Mr Gebhardt
85. The Court notes that it is not in dispute that the prison authorities interfered in the applicant’s correspondence with Mr Gebhardt, who initially represented him in the proceedings before the Convention organs. It further notes that the applicant does not contest that Mr Gebhardt was a former inmate of the Point Blanche Penitentiary and was known, as such, to the prison authorities. It is not in dispute that Mr Gebhardt was not authorised to practise law in the Netherlands Antilles and that, according to rules in force at the relevant time, detainees were not allowed to correspond with former prisoners.
86. In so far as there was an interference by the prison authorities with the exchange of the applicant’s correspondence with Mr Gebhardt, the Court observes that neither the Convention nor the Rules of Procedure of the European Commission of Human Rights at the material time required the representatives of applicants to be practising lawyers. The Court notes that, apart from a statement that the prison rules contained a prohibition on prisoners’ correspondence with former fellow inmates, the Government have not presented any arguments to explain why such a blanket prohibition could be justified under Article 8 § 2 of the Convention.
87. Although the Court accepts, having regard to the ordinary and reasonable requirements of imprisonment, that it may be necessary to screen such correspondence, it finds no grounds for a complete ban within the terms of the second paragraph of Article 8 of the Convention.
88. The Court concludes therefore that there has been a violation of Article 8 of the Convention as regards the interference with the applicant’s correspondence with Mr Gebhardt.
c. Interference with the applicant’s correspondence with others
89. The Court finds that the alleged interference with the applicant’s correspondence to the prosecution authorities of the Netherlands Antilles, the British Consul and private persons is wholly unsubstantiated, whilst noting however that, given the prison rules in force at the time, such correspondence would have been subject to control by the prison authorities. However, in the absence of concrete evidence, the Court finds that the facts of the case do not disclose a violation of the applicant’s rights under Article 8 of the Convention.
d. Communication facilities in prison
90. As regards the applicant’s complaint of being restricted in establishing contacts with persons outside prison because of limited facilities for letter writing or telephoning, the Court takes into account the importance for prisoners to be able to maintain contacts with their family and friends outside prison.
91. According to the rules in force at the material time, detainees were entitled to send a two or three letters per week and to receive letters at all times. The costs of writing materials and postage were borne by the prison authorities. In these circumstances, the Court cannot find that the applicant was arbitrarily or unreasonably restricted in his possibilities to maintain contacts by letter with persons outside prison.
92. In respect of the telephone facilities, the Court considers that Article 8 of the Convention cannot be interpreted as guaranteeing prisoners the right to make telephone calls, in particular where the facilities for contact by way of correspondence are available and adequate.
93. Where, as in the present case, telephone facilities are provided by the prison authorities, these may – having regard to the ordinary and reasonable conditions of prison life – be subjected to legitimate restrictions, for example, in the light of the shared nature of the facilities with other prisoners and the requirements of the prevention of disorder and crime. In this context and to the extent that such conditions may be regarded as an interference with private life or correspondence, the Court finds that they may be considered justified in terms of the second paragraph of Article 8.
94. Consequently, the Court finds that the restrictions complained of do not disclose any appearance of a violation of Article 8 of the Convention.
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
95. The applicant alleged that there existed in the Netherlands Antilles no effective remedy within the meaning of Article 13 of the Convention in respect of the conditions in which he was detained or the interference with his correspondence.
Article 13 of the Convention reads:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
96. The Court recalls that Article 13 of the Convention guarantees remedies at the national level to enforce the substance of Convention rights and freedoms in whatever form they might happen to be secured in the domestic legal order. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an “arguable complaint” under the Convention and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they conform to their Convention obligations under this provision. The scope of the obligation under Article 13 varies depending on the nature of the applicant’s complaint under the Convention. Nevertheless, the remedy required by Article 13 must be “effective” in practice as well as in law. In particular, its exercise must not be unjustifiably hindered by the acts or omissions of the authorities of the respondent State (cf. Ilhan v. Turkey [GC], no. 22277/93, ECHR 2000-VII, § 97).
97. The Court considers that the applicant did have an arguable complaint as regards his rights under Article 8 of the Convention and, given the nature of the general conditions of detention in the Netherlands Antilles as described in various official reports (see paragraphs 53-62 above), also as regards his rights under Article 3 of the Convention, which prohibits inter alia inhuman or degrading treatment.
98. Recalling its finding in respect of the preliminary objection filed by the Government, in particular the lack of adequate implementation by the Netherlands Antilles authorities of judicial orders to repair the unacceptable shortcomings of penitentiary facilities, as well as noting their failure to implement the urgent recommendations of the CPT, the Court finds that the applicant did not have effective remedies for his Convention complaints.
99. There has, therefore, been a violation of Article 13 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
100. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
A. Damage
101. The applicant has not submitted any claim for pecuniary damage or costs. He did however claim non-pecuniary damage, but left it to the Court’s discretion to assess the amount.
102. The Government considered, on the basis of their preliminary objection, that no just satisfaction should be awarded to the applicant.
103. The Court finds that the applicant did indeed suffer some moral damage which cannot be compensated solely by the finding of a violation. Deciding on an equitable basis, the Court awards the applicant 3,500 Euros, plus any value-added tax that may be chargeable.
B. Default interest
104. According to the information available to the Court, the statutory rate of interest applicable in the Netherlands at the date of adoption of the present judgment is 8% per annum.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Dismisses the Government’s preliminary objection;
2. Holds that there has been a violation of Article 8 of the Convention in respect of the interference with the applicant’s correspondence with the former European Commission of Human Rights and his representative, Mr Gebhardt;
3. Holds that there has been no violation of Article 8 of the Convention in respect of the applicant’s other complaints under this provision;
4. Holds that there has been a violation of Article 13 of the Convention;
5. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, 3,500 (three thousand five hundred) Euros, plus any value-added tax that may be chargeable;
(b) that simple interest at an annual rate of 8% shall be payable from the expiry of the above-mentioned three months until settlement;
Done in English, and notified in writing on 29 January 2002, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
S. DolléJ.-P. Costa
RegistrarPresident
[1] On 1 October 1997 a new Code of Criminal Procedure entered into force.
[2] Article 1 of the National Decree (Landsbesluit) of 6 August 1999.
[3] Response of 17 June 1998 of the Government of the Netherlands Antilles to the Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment on its visit to the Netherlands Antilles from 7-11 December 1997, CPT/Inf (98)17, 10 December 1998, p. 43.
[4] Forcing detainees to walk with their hands bound behind their backs between a double line of prison guards who strike the detainees with batons.
[5] Report by the domestic Paula Commission of enquiry on the situation in the Koraal Specht Prison
[6] CPT/Inf (96)1.
[7] CPT/Inf (98)17.
[8] Page 14, § 10.
[9] CPT/Inf (2000)9.
[10] CPT/Inf (2000)10.
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