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 Van der Leer case delivered on 21 February 1990 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 18 May 1984, under Article 25 (art. 25) of the
Convention by Mrs Hendrika Wilhelmina van der Leer, a Dutch
national, who complained that she had been confined in a
psychiatric hospital without being heard or informed;
Recalling that the case was brought before the Court by the
Commission on 13 September 1988;
Whereas in its judgment of 21 February 1990 the Court
unanimously:
- held that there had been a violation of paragraphs 1, 2
and 4 of Article 5 (art. 5-1, art. 5-2, art. 5-4) of the
Convention;
- held that it was not necessary to consider in addition the
case under Article 6, paragraph 1 (art. 6-1);
- held that the Netherlands were to pay to the applicant
15 000 Dutch guilders;
- 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 21 February 1990, 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 sums 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 (93) 23
Information provided by the Government of the Netherlands
during the examination of the Van der Leer case
by the Committee of Ministers
The Psychiatric Hospitals (Special Admissions) Act
(Staatsblad 1992, No. 669) as amended by the law of
29 October 1992 (Staatsblad 1992, No. 670) has been published
officially in Staatsblad 1992, No. 671. Its entry into force is
expected by 1 January 1994.
The following provisions of the law should ensure that the
violations found by the Court (see also Resolution DH (82) 2 of
24 June 1982 relating to the Court's judgment of 24 October 1979
in the Winterwerp case) will not occur again: Sections 2,
paragraph 4; 8, paragraph 1; 9, paragraph 2 under a; 49,
paragraphs 1, 2, 5 and 9 in conjunction with Section 9,
paragraph 1.
The sum awarded to the applicant for just satisfaction has
been paid (receipt dated 1 May 1990).
Full & Egal Universal Law Academy