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 De Cubber case, delivered on 26 October 1984 and
14 September 1987 and transmitted the same days to the Committee of
Ministers;
Recalling that the case originated in an application against the
Kingdom of Belgium lodged with the European Commission of Human Rights
on 10 October 1980 under Article 25 (art. 25) of the convention by
Mr Albert De Cubber, a Belgian citizen, who alleged inter alia that
criminal charges against him had not been heard by an impartial
tribunal within the meaning of Article 6, paragraph 1 (art. 6-1), of
the convention, one of the judges of the tribunal in question having
previously acted as investigating judge in the same case;
Recalling that the case was brought before the Court by the Commission
on 12 October 1983;
Whereas in its judgment of 26 October 1984 the Court unanimously held:
- that there had been a breach of Article 6, paragraph 1 (art. 6-1);
- that the question of the application of Article 50 (art. 50) of the
convention was not ready for decision;
Whereas in its judgment of 14 September 1987 the Court unanimously:
- held that the Kingdom of Belgium was to pay to the applicant
100 000 Belgian francs for damage and to reimburse him 178 221 Belgian
francs in respect of 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, having regard to
its obligation under Article 53 (art. 53) of the convention to abide
by them;
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 judgments, which
information appears in the appendix to this resolution;
Having satisfied itself that the Government of Belgium has paid to the
applicant the sums provided for in the judgment of 14 September 1987,
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 (88) 20
Information provided by the Government of Belgium
during the examination of the De Cubber case
before the Committee of Ministers
As a result of a change in the case-law of the Cour de Cassation of
Belgium, which dates from a decision of 23 January 1985 (Lomry and
Marchal, Pasicrisie Belge, 1985, I, No. 302) and has subsequently been
confirmed in several other decisions, cases such as the one which was
the subject of the De Cubber judgment can no longer arise. The Cour
de Cassation has in fact accepted the interpretation of Article 6,
paragraph 1 (art. 6-1), of the convention given by the European Court
of Human Rights in the De Cubber case.
The sums of 100 000 Belgian francs for damage and 178 221 Belgian
francs for costs and expenses were paid to the applicant's lawyer on
5 October 1987.