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 Koster case delivered on 28 November 1991 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
the Netherlands lodged with the European Commission of Human
Rights on 31 March 1987 under Article 25 (art. 25) of the
Convention by Mr Jacobus Petrus Koster, a Dutch national, who
complained that he had not been brought promptly before the
military court when as a conscript he was placed in detention on
remand during military manoeuvres;
Recalling that the case was brought before the Court by the
Commission on 12 November 1990;
Whereas in its judgment of 28 November 1991 the Court
unanimously:
- held that there had been a violation of paragraph 3 of
Article 5 (art. 5-3);
- held that the Netherlands were to pay to the applicant,
within three months, 11 626 guilders, less 9,382.50 French
francs in respect of costs and expenses;
- dismissed 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 of 28 November 1991, 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 the applicant 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 (92) 20
Information provided by the Government of the Netherlands
during the examination of the Koster case
before the Committee of Ministers
The directive of 21 March 1983 governing the bringing before
a judicial authority of military personnel in custody, laid down,
inter alia, as a consequence of the Court's judgment in the case
of De Jong, Baljet and Van den Brink (see Resolution DH (84) 7
of 7 December 1984), provides that the accused must appear before
the military court within four days of his arrest. In the
present case, this time-limit was exceeded by one day because of
exceptional circumstances. The Government of the Netherlands
will take the necessary measures to ensure compliance with the
directive of 21 March 1983 in cases similar to the Koster case.
The sum awarded to the applicant by the Court was paid on
24 February 1992.
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