EUROPEAN COMMISSION OF HUMAN RIGHTS
SECOND CHAMBER
Application No. 23073/93
L.I.B.
against
the Netherlands
REPORT OF THE COMMISSION
(adopted on 13 September 1995)
TABLE OF CONTENTS
Page
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
PART I : STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 2
PART II : SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 3
INTRODUCTION
1. This Report relates to the application introduced under
Article 25 of the European Convention for the Protection of Human
Rights and Fundamental Freedoms by L.I.B. against the Netherlands on
8 September 1993. It was registered on 13 December 1993 under file
No. 23073/93.
The applicant was represented by Mr. G. Spong, a lawyer
practising in The Hague, the Netherlands.
The Government of the Netherlands were represented by their
Agent, Mr. K. de Vey Mestdagh, of the Ministry of Foreign Affairs.
2. On 11 January 1995 the Commission (Second Chamber) declared the
application admissible. It then proceeded to carry out its task
under Article 28 para. 1 of the Convention which provides as follows:
"In the event of the Commission accepting a petition referred to
it:
a. it shall, with a view to ascertaining the facts, undertake
together with the representatives of the parties an examination
of the petition and, if need be, an investigation, for the
effective conduct of which the States concerned shall furnish all
necessary facilities, after an exchange of views with the
Commission;
b. it shall at the same time place itself at the disposal of
the parties concerned with a view to securing a friendly
settlement of the matter on the basis of respect for Human Rights
as defined in this Convention."
3. The Commission (Second Chamber) found that the parties had
reached a friendly settlement of the case and on 13 September 1995 it
adopted this Report, which, in accordance with Article 28 para. 2 of
the Convention, is confined to a brief statement of the facts and of
the solution reached.
The following members were present when the Report was adopted:
Mr. H. DANELIUS, President
Mrs. G.H. THUNE
MM. G. JÖRUNDSSON
J.-C. SOYER
H.G. SCHERMERS
F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
M.A. NOWICKI
I. CABRAL BARRETO
J. MUCHA
D. SVÁBY
P. LORENZEN
PART I
STATEMENT OF THE FACTS
4. The applicant is a Dutch citizen, born in 1941, and resident in
Aruba.
5. On 22 December 1988 the applicant was arrested and subsequently
detained on remand on suspicion of having committed drug offences.
6. On 30 March 1990 the Court of First Instance (Gerecht in eerste
aanleg) of Aruba convicted the applicant and sentenced him to nine
years' imprisonment.
7. The judgment of the Court of First Instance was quashed on
22 October 1991 by the Joint Court of Appeal of the Netherlands
Antilles and Aruba (Gemeenschappelijk Hof van Justitie van de
Nederlandse Antillen en Aruba), which convicted the applicant and
sentenced him to seven years' imprisonment.
8. On 28 October 1991 the applicant filed an appeal in cassation to
the Supreme Court (Hoge Raad). On 9 November 1992 the applicant's case-
file was received by the Registry of the Supreme Court. The Supreme
Court started its examination on 5 January 1993 and rejected the appeal
in cassation on 9 March 1993.
9. Before the Commission the applicant complained under Article 6
para. 1 of the Convention that the criminal charges against him were
not determined within a reasonable time in that certain unreasonable
delays had occurred in the proceedings against him.
PART II
SOLUTION REACHED
10. Following the decision on the admissibility of the application,
the Commission (Second Chamber) placed itself at the disposal of the
parties with a view to securing a friendly settlement in accordance
with Article 28 para. 1 (b) of the Convention and invited the parties
to submit any proposals they wished to make.
11. In accordance with the usual practice, the Chamber Secretary,
acting on the Commission's instructions, contacted the parties to
explore the possibilities of reaching a friendly settlement.
12. Between 10 March 1995 and 4 July 1995 the parties exchanged
various letters relating, inter alia, to the effort to reach a friendly
settlement and, with a view to such a settlement, considered a proposal
put forward by the Commission (Second Chamber).
13. The applicant's representative, by letter of 3 July 1995, and the
Government, by letter of 4 July 1995, stated their willingness to
accept a friendly settlement on the following terms:
- the payment by the Netherlands Government to the
applicant of an amount of 3.000,- Dutch guilders for
compensation of non-pecuniary damages; and
- the payment by the Netherlands Government to the
applicant of an amount of 2.000,- Dutch guilders for the
applicant's legal costs incurred in the proceedings before
the Commission insofar as these costs have not been covered
by any legal aid scheme.
14. At its session on 13 September 1995, the Commission (Second
Chamber) noted that the parties had reached an agreement regarding the
terms of a settlement. It further considered, having regard to
Article 28 para. 1 (b) of the Convention, that the friendly settlement
of the case had been secured on the basis of respect for Human Rights
as defined in the Convention.
15. For these reasons, the Commission adopted the present Report.
Secretary to the Second Chamber President of the Second Chamber
(M.-T. SCHOEPFER) (H. DANELIUS)
Full & Egal Universal Law Academy