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 Vidal case delivered on 22 April 1992 and
28 October 1992 and transmitted the same days to the Committee
of Ministers;
Recalling that the case originated in an application against
Belgium lodged with the European Commission of Human Rights on
7 July 1986 under Article 25 (art. 25) of the Convention by
Mr. Frans Vidal, a Belgian national, who complained that he did
not obtain the attendance and examination of witnesses on his
behalf before the Brussels Court of Appeal;
Recalling that the case was brought before the Court by the
Commission on 8 March 1991 and by the Government of Belgium on
6 May 1991;
Whereas in its judgment of 22 April 1992 the Court:
- held, by eight votes to one, that there had been a
violation of Article 6 (art. 6) of the Convention;
- held unanimously that the question of the application of
Article 50 (art. 50) was not ready for decision;
Whereas in its judgment of 28 October 1992 the Court
unanimously:
- held that the respondent State was to pay the applicant,
within three months, 250 000 Belgian francs for damage and
300 000 Belgian francs for costs and expenses;
- rejected 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 judgments of
22 April 1992 and 28 October 1992, having regard to its
obligation under Article 53 (art. 53) of the Convention to abide
by them;
Having satisfied itself that the Government of Belgium has
paid the applicant on 29 January 1993, the sums provided for in
the judgment of 28 October 1992,
Declares that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
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