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 Lamy case delivered on 30 March l989 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
against Belgium lodged with the European Commission of Human
Rights on 20 June l983 under Article 25 (art. 25) of the
Convention by Mr José Lamy, a Belgian national, who complained
that he had had no access to the file of the investigating
authorities called upon to review his detention on remand;
Recalling that the case was brought before the Court by
the Commission on l8 December l987;
Whereas in its judgment of 30 March l989 the Court
unanimously:
- held that there had been a breach of Article 5,
paragraph 4 (art. 5-4), of the Convention;
- held that there had been no breach of Article 5,
paragraphs 2 and 3 (art. 5-2, art. 5-3);
- held that it was not necessary to examine the case under
Article 6, paragraph 3.b (art. 6-3-b);
- held that Belgium was to pay the applicant
l00 000 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 judgment
of 30 March l989, 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 Belgium 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 Belgium
has paid the applicant the sum provided for in the judgment,
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(91)8
Information provided by the Government of Belgium
during the examination of the Lamy case
before the Committee of Ministers
According to Article l8, paragraph 2, of the new Act on detention
on remand of 20 July l990, published on l4 August l990, the
accused will receive, when the arrest warrant is notified to him,
a copy of his first interview with the investigating judge and
of the other documents provided for in Article l6, paragraph 7,
of the act. Furthermore, when the chambre du conseil, after
expiration of the arrest warrant, is called upon under Article
2l to decide on the further remand in custody, Article 2l,
paragraph 3, provides that the file is placed at the disposal of
the accused and of his lawyer during the last working day
preceeding his appearance before the chambre du conseil.
The sum awarded by the Court has been paid to the applicant on
l3 June l989.
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