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
8 April 1991 by Ms Mathilde Elizabeth Lupker, Ms Caroline Christine van der
Mandele, Mr Rudolf Paesie, Mr Franciscus Johannes Joseph Maria Schoenmaeckers
and Mr Jean Louis Bernard Seveke against the Netherlands (Application No.
18395/91);
Whereas on 20 December 1993 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 has 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 their application, as declared admissible by the Commission on
7 December 1992, the applicants complained of the excessive length of certain
criminal proceedings directed against them;
Whereas in its report adopted on 13 October 1993 the Commission expressed,
by eight votes to three, the opinion that there had been a violation of Article
6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 514th meeting of the Ministers' Deputies held on 9 June
1994, the Committee of Ministers, agreeing with the opinion expressed by the
Commission, held, having voted in accordance with the provisions of Article 32,
paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals made by the
Commission when transmitting its report as regards just satisfaction to be
awarded to the applicant, proposals supplemented by a letter of the President of
the Commission dated
9 December 1994;
Whereas, at the 524th meeting of the Deputies held on 10 and 11 January
1995, the Committee of Ministers decided, in accordance with Article 32,
paragraph 2 (art. 32-2), of the Convention, that the Government of the
Netherlands was to pay each of the five applicants as just satisfaction, within
three months, 4 000 Dutch guilders in respect of non-pecuniary damage and 3 386
Dutch guilders in respect of costs and expenses, namely a total sum
of 36 930 Dutch guilders;
Whereas the Committee of Ministers invited the Government of the
Netherlands to inform it of the measures taken following its decisions of 9 June
1994 and 11 January 1995, having regard to the Netherlands' obligation under
Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;
Whereas, during the examination of the case by the Committee of Ministers,
the Government of the Netherlands gave the Committee information about the
administrative measures taken in consequence of the Committee's decisions in
order to prevent the repetition of the kind of violation here at issue, which
information appears in the appendix to Resolutions DH (95) 91 and 92, adopted on
7 June 1995, in the Abdoella and Bunkate cases against the Netherlands;
Whereas the Committee of Ministers satisfied itself that on
16 February 1995, within the time-limit set, the Government of the Netherlands
had paid the applicants the total sum of 36 930 Dutch guilders as just
satisfaction,
Declares, having taken note of the measures taken by the Government of the
Netherlands that it has exercised its functions under Article 32 (art. 32) of
the Convention in this case;
Authorises the publication of the report adopted by the Commission in this
case.
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