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 judgments of the European Court of Human Rights
in the Le Compte, Van Leuven and De Meyere case, delivered on
23 June 1981 and 18 October 1982, and transmitted the same days
to the Committee of Ministers;
Recalling that the case had its origin in two applications against
Belgium lodged with the European Commission of Human Rights under
Article 25 (art. 25) of the convention by three Belgian citizens,
Mr Herman Le Compte, Mr Frans Van Leuven and Mr Marc De Meyere,
complaining that the obligation to join the "Ordre des médecins" and
to be under the jurisdiction of its disciplinary organs contravened
Article 11 (art. 11) of the convention, taken alone or in conjunction
with Article 17 (art. 17), and that during the course of the
disciplinary proceedings they had not had the benefit of the
guarantees laid down by Article 6 (art. 6) and that the sanctions
imposed on them were calculated to prevent them from disseminating
information and ideas, thereby violating Article 10 (art. 10);
Recalling that the case had been brought before the Court by the
European Commission of Human Rights and by the Government of Belgium;
Whereas, in its judgment of 23 June 1981, the Court:
- Holds by fifteen votes to five, that Article 6, paragraph 1
(art. 6-1), of the convention was applicable in the present case;
- Holds, by sixteen votes to four, that there has been a breach of the
said provision in that the applicants' case was not heard publicly by
a tribunal competent to determine all the aspects of the matter;
- Holds unanimously that there has been no violation of Article 6,
paragraph 1 (art. 6-1), as regards the applicants' other complaints,
and no violation of Article 11 (art. 11);
- Holds unanimously that the question of the application of
Article 50 (art. 50) is not ready for decision;
Whereas in its judgment of 18 October 1982 the Court unanimously:
- Holds that the Kingdom of Belgium is to pay to the applicants, in
respect of their costs and expenses, the following sums:
- seventy-seven thousand Belgian francs (77 OOO BF) to
Dr Le Compte;
- sixty-three thousand Belgian francs (63 000 BF) to
Dr Van Leuven;
- forty-two thousand Belgian francs (42 000 BF) to Dr De Meyere;
- Rejects the remainder of the claims for just satisfaction;
Having regard to the "Rules concerning the application of Article 54
(art. 54) of the convention";
Having invited the Government of Belgium to inform it of the measures
which had been taken in consequence of the judgments, having regard to
its obligation under Article 53 (art. 53) of the convention to abide
by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Belgium informed the Committee of
Ministers of the measures taken in consequence of the judgments, which
information is summarised in the appendix to this resolution;
Having satisfied itself that the Government of Belgium has awarded the
just satisfaction provided for in the judgment of the Court of
18 October 1982,
Declares, after taking note of the information supplied by the
Government of Belgium, that it has exercised its function under
Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (85) 13
Information provided by the Government of Belgium
during the examination of the Le Compte, Van Leuven and De Meyere case
before the Committee of Ministers
Following the judgment of the Court of 23 June 1981, a law concerning
the public conduct of disciplinary proceedings before the Appeals
Boards of the Order of Physicians and the Order of Pharmacists was
adopted on 13 March 1985.
A copy of the text of this law has been transmitted to the Directorate
of Human Rights of the Council of Europe.
Following the judgment of the Court of 18 October 1982, the sums
awarded by the Court to the applicants for their costs and expenses in
application of Article 50 (art. 50) of the European Convention on
Human Rights have been paid.