CASE OF BEN YAACOUB AGAINST BELGIUM



     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 for the execution of the undertakings attached to

the solution of the case;

     Recalling that, after having taken note of the information

supplied by the Government of Belgium, the Committee of Ministers

adopted, on 29 September 1988, interim Resolution DH(88)13 on

this case;

     Having been informed by the Government of Belgium that in

accordance with the terms of the friendly settlement concluded

in 1987, the expulsion order against the applicant was lifted on

30 August 1992,

     Declares, after having taken note of the supplementary

information supplied by the Government of Belgium, that it has

exercised its functions under Article 54 (art. 54) of the

Convention in this case.

 

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