resolution DH (99) 252
CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS
OF 27 MARCH 1998
IN THE CASE OF K.D.B. AGAINST the Netherlands
(Adopted by the Committee of Ministers on 15 April 1999
at the 666th 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 judgment of the European Court of Human Rights in the K.D.B. case delivered on 27 March 1998 and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application (No. 21981/93) against the Netherlands, lodged with the European Commission of Human Rights on 23 March 1993 under Article 25 of the Convention by Mr K.D.B., a Dutch national, and that the Commission declared admissible the complaints that the applicant had not been informed of the date on which the Supreme Court would consider his appeal on points of law and had not been put in a position to respond to the advisory opinion submitted by the advocate general to the Supreme Court;
Recalling that the case was brought before the Court by the applicant, in accordance with Protocol No. 9, on 6 August 1997;
Whereas in its judgment of 27 March 1998 the Court, unanimously:
- held that Article 6, paragraph 1, of the Convention had not been violated with respect to the failure to notify the applicant of the date on which his case would be examined by the Supreme Court;
- held that Article 6, paragraph 1, of the Convention had been violated with respect to the lack of opportunity for the applicant to respond to the advisory opinion submitted by the Advocate General to the Supreme Court;
- held that the Government of the respondent State was to pay to the applicant, within three months, for costs and expenses, 9 750 Dutch guilders, together with any value-added tax that may be chargeable and that simple interest at an annual rate of 6% should be payable on that sum from the expiry of the above-mentioned three months until settlement;
- dismissed, the remainder of 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 judgment of 27 March 1998, having regard to the Netherlands’ 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 gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;
Having satisfied itself that on 12 June 1998, within the time-limit set, the Government of the respondent State paid the applicant the sum provided for in the judgment of 27 March 1998,
Declares, after having taken note of the information supplied by the Government of the Netherlands, that it has exercised its functions under Article 54 of the Convention in this case.
Appendix to Resolution DH (99) 252
Information provided by the Government of the Netherlands
during the examination of the K.D.B. case
by the Committee of Ministers
The judgment of the European Court of Human Rights has been published in the Nederlands Juristenblad (No. 19, 8 May 1998). The Government of the Netherlands notes that the violation was the result of the practice of the Supreme Court and not of the legislation. Following the European Court's judgment, all three divisions of the Supreme Court modify their practice. Henceforth, the advisory opinion of the prosecution service is sent to the parties immediately after being given. The parties have subsequently the opportunity to inform the Supreme Court, in writing, of any submissions they wish to make in connection with it. The only limitations are that the responses must be sent within reasonable time and that the parties must observe the requirements of due process.
The Government of the Netherlands considers that the measures adopted will prevent further violations of the same kind and that the Netherlands has, accordingly, complied with its obligations under Article 53 of the Convention in this respect.
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