The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31
(art. 31)of the Convention relating to the application lodged on
5 May l984 by D. against Belgium (Application No. ll082/84);
Whereas on 26 April l988 the Commission transmitted the said
report to the Committee of Ministers and whereas the period of
three months provided for in Article 32, paragraph 1 (art. 32-1),
of the Convention elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application the applicant complained inter
alia that it was impossible for him to take proceedings
satisfying the requirements of Article 5, paragraph 4 (art. 5-4),
of the Convention vis-à-vis periods of detention decided upon
under Section 25 of the Social Protection in respect of Mental
Defectives and Habitual Offenders Act of l July l964;
Whereas the Commission declared the application admissible
on 5 December 1985 as regards the above-mentioned complaint and
in its report adopted on 4 March l988 expressed unanimously the
opinion that there had been a violation of Article 5,
paragraph 4 (art. 5-4), of the Convention;
Agreeing with the opinion expressed by the Commission in
accordance with Article 31, paragraph 1 (art. 31-1), of the
Convention;
Whereas, during the examination of the case, the Committee
of Ministers was informed by the Government of Belgium that an
act promulgated on l7 July l990 and published on 9 August l990
amended Articles 25 and 26 of the Social Protection in respect
of Mental Defectives and Habitual Offenders Act of l July l964;
Article 25 has in particular been modified as follows:
- According to Article 25 ter of the Act of l7 July l990, a
recidivist or habitual offender placed at the Government's
disposal and detained by virtue of a reasoned decision of the
Minister of Justice can apply against the decision before the
chambre du conseil of the court which has decided his
placement at the Government's disposal. The chambre du
conseil verifies whether the Minister's decision is lawful and
orders the release of the person concerned if it is not.
- Under Article 25 quater, after one year of deprivation of
liberty ordered by the Minister according to Article 25 bis,
the recidivist or habitual offender may apply to the Minister
of Justice in order to request his release. This request may
be renewed every year. The decision of the Minister to refuse
the request can be appealed against before a court following
the procedure provided for in Article 25 ter of the Act;
Having examined the proposals made by the Commission
concerning just satisfaction for the applicant,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention, that
there has been a violation of Article 5, paragraph 4 (art. 5-4),
of the Convention in this case;
Takes note of the information provided by the Government of
Belgium;
Recommends, under Rule 5 of the Rules adopted by the
Committee of Ministers for the application of Article 32
(art. 32) of the Convention, that the Government of Belgium pay
to the applicant the sum of 50 000 Belgian francs in respect of
non-pecuniary damage and the sum of 80 000 Belgian francs for
costs and expenses;
Decides, therefore, that no further action is called for in
this case.
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