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 Moustaquim case delivered on 18 February 1991 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Belgium lodged with the European Commission of Human Rights on
13 May 1986 under Article 25 (art. 25) of the Convention by
Mr Abderrahman Moustaquim, a Moroccan national, who complained,
inter alia of having been expelled from Belgium although he
arrived there at a very young age and lived there with all his
family;
Recalling that the case was brought before the Court by the
Commission on 14 December 1989;
Whereas in its judgment of 18 February 1991 the Court:
- held, by seven votes to two, that there had been a
breach of Article 8 (art. 8) of the Convention;
- held, unanimously, that there had been no breach of
Article 14 taken together with Article 8 (art. 14+8);
- held, unanimously, that it was unnecessary to examine
the case also under Articles 3 and 7 (art. 3, art. 7);
- held, by seven votes to two, that the respondent state
was to pay to the applicant 440 000 Belgian francs
less 10 730 French francs for non-pecuniary damage and
for costs and expenses;
- dismissed unanimously 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 Belgium to inform it of the
measures which had been taken in consequence of the judgment of
18 February 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 Belgium 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 Belgium has
paid the applicant the sum provided for in the judgment,
Declares, after having taken note of the information
supplied by the Government of Belgium, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH(92)14
Information provided by the Government of Belgium
during the examination of the Moustaquim case
by the Committee of Ministers
The Court's judgment of 18 February 1991 was widely
circulated among the competent Belgian administrative and
judicial authorities in order to enable them to take into account
the Court's case-law in any similar cases.
The sum awarded to the applicant by the Court was paid on
9 April 1991.
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