resolution DH (99) 347
CONCERNING THE JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS
OF 12 December 1991 and 5 March 1998
IN THE CASE OF Clooth AGAINST Belgium
(Adopted by the Committee of Ministers on 9 June 1999
at the 672nd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the Clooth case delivered on 12 December 1991 and 5 March 1998 and transmitted the same days to the Committee of Ministers;
Recalling that the case originated in an application (No. 12718/87) against Belgium, lodged with the European Commission of Human Rights on 12 February 1987 under Article 25 of the Convention by Mr Serge Clooth, a Belgian national, and that the Commission declared admissible the complaint that the length of his detention on remand had been excessive;
Recalling that the case was brought before the Court by the Commission 12 October 1990;
Whereas in its judgment on the merits of 12 December 1991 the Court unanimously:
- held, that there had been a violation of Article 5, paragraph 3, of the Convention;
- held, that the question of the application of Article 50 was not ready for decision and, accordingly, reserved the whole of the said question; invited the Government and the applicant to submit, within three months, their written observations thereon and, in particular, to notify the Court of any agreement reached between them; reserved the further procedure and delegated to the President of the Court the power to fix the same if need be;
Whereas in its Article 50 judgment of 5 March 1998 the Court:
- took in particular into account a judgment of the Brussels Court of Appeal of 7 November 1997 which was communicated to it by the parties and in which Mr Clooth was awarded 125 000 Belgian francs in compensation for non-pecuniary damage and 500 000 Belgian francs by way of reimbursement of his defence costs in the domestic courts (200 000 Belgian francs) and before the Convention organs (300 000 Belgian francs), the claim to compensation for pecuniary damage being dismissed as not having been made out;
- held that the Brussels Court of Appeal’s judgment of 7 November 1997, provided that it became final, made just reparation for the consequences of the violation found in the principal judgment and, accordingly, dismissed unanimously the applicant’s claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;
Having invited the Government of the respondent State to inform it of the measures which had been taken in consequence of the judgments of 12 December 1991 and 5 March 1998, having regard to Belgium’s obligation under Article 53 of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly indicated that the European Court's judgments had been sent out to the authorities directly concerned and were available in French and in Dutch on the Internet site of the Ministry of Justice;
Having satisfied itself that the above-mentioned judgment of the Brussels Court of Appeal became final on 8 October 1998,
Declares, after having taken note of the information supplied by the Government of Belgium, that it has exercised its functions under Article 54 of the Convention in this case.
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