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 9 July 1990
by Mrs M.S. against the Netherlands (Application No. 17112/90);
Whereas on 30 November 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 her application, declared admissible by the
Commission on 30 November 1992, the applicant complained of the
excessive length of certain civil proceedings before the Central
Appeals Tribunal concerning entitlement to disability benefits;
Whereas in its report adopted on 12 October 1993,
the Commission expressed, unanimously, the opinion that there had
been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 512th meeting of the Ministers' Deputies held
on 3 May 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
21 October 1994;
Whereas, at the 522nd meeting of the Deputies held
on 5 December 1994, 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 the
applicant as just satisfaction, within three months, 4 003,75 Dutch
guilders in respect of non-pecuniary damage and 5 346,25 Dutch
guilders in respect of costs and expenses, namely a total sum
of 9 350 Dutch guilders;
Whereas the Committee of Ministers invited the Government of
the Netherlands to inform it of the measures taken following its
decisions of 3 May and 5 December 1994, having regard to the
Netherlands' obligation under Article 32, paragraph 4 (art. 32-4),
of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
30 January 1995 the Government of the Netherlands paid the
applicant the total sum of 9 350 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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