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 by Mr Michel Houart against Belgium
(Application No. 9359/81);
Whereas on 3 September 1986 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 being brought before the European
Court of Human Rights in pursuance of Article 48 (art. 48) of the
convention;
Whereas in his application introduced on 5 May 1981 the applicant
alleged a breach of Article 6 (art. 6) of the convention, complaining
in particular that the disciplinary proceedings were not public and
that the Provincial Council and Appeals Council of the Medical
Association, which he described as special courts, were biased;
Whereas the Commission declared the application admissible on
5 December 1984 in relation to the complaints that the disciplinary
proceedings were not public and, in its report adopted on 8 July 1986,
expressed the unanimous opinion that there was a breach of Article 6,
paragraph 1 (art. 6-1), of the convention in that the applicant's case
was not heard publicly;
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 it accepted
the opinion of the Commission and that, following the judgments of the
European Court of Human Rights of 23 June 1981 in the case of "Le
Compte, Van Leuven and de Meyere" and of 10 February 1983 in the case
of "Albert and Le Compte", the Belgian Act of 13 March 1985 had made
the disciplinary proceedings in the Appeals Councils of the Medical
Association and Pharmaceutical Association comply with these judgments
of the Court by providing that hearings before these councils would
henceforth be held in public;
Having examined the proposals made by the Commission under Article 31,
paragraph 3 (art. 31-3), of the convention,
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 6, paragraph 1 (art. 6-1), of the convention in
this case in that the applicant's case was not heard publicly;
Takes note of the information supplied 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 for the costs of
the proceedings and of the defence the sum of one hundred and
twenty-five thousand (125 000) Belgian francs;
Decides, therefore, that no further action is called for in this case.