Resolution CM/ResDH(2007)151[1]
Execution of the judgment of the European Court of Human Rights
Pandy against Belgium
(Application No. 13583/02, judgment of 21 September 2006, final on 3 January 2007)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns an infringement of the principle of the presumption of innocence on account of a statement made about the applicant, suspected of involvement in the disappearance of six members of his family, by the investigating judge in charge of the case (violation of Article 6§2) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Belgium's obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2007)151
Information about the measures to comply with the judgment in the case of
Pandy against Belgium
Introductory case summary
The case concerns an infringement of the principle of the presumption of innocence on account of a statement made about the applicant, suspected of involvement in the disappearance of six members of his family, by the investigating judge in charge of the case (violation of Article 6§2).
The applicant is currently serving a life sentence which he received in 2002 for the murder of six members of his family and for the rape and sexual assault of several of his daughters.
I.Just satisfaction and individual measures
The European Court considered that the judgment constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained. Moreover it concluded that the applicant's guilt had been lawfully established and the proceedings viewed as a whole had been fair. Therefore no individual measure was envisaged.
II.General measures
The European Court's judgment was sent to the Conseil Supérieur de la Justice and to the Collège des Procureurs généraux with a view to its broad dissemination to the courts concerned and so that it can be taken into account in the training of judges having relations with the press.
III.Conclusions of the respondent state
The government considers that, given the direct effect given to the Convention in Belgian Law, the measures adopted will prevent new, similar violations and that Belgium has thus complied with its obligations under Article 46, paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 19 December 2007 at the 1013th meeting of the Ministers’ Deputies
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