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
23 August 1989 by Mr P.J.B. against the Netherlands
(Application No. 15672/89);
Whereas on 17 March 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 his application, declared admissible by the
Commission on 2 September 1992, the applicant complained that his
detention in mental hospital had not been lawful and had not been
decided in accordance with a procedure prescribed by law;
Whereas in its report adopted on 10 February 1993, the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 5, paragraph 4 (art. 5-4), of the Convention
and that no separate issue arose under Article 5, paragraph 1
(art. 5-1), of the Convention;
Whereas, at the 498th meeting of the Ministers' Deputies, held
on 21 September 1993, 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 5, paragraph 4 (art. 5-4), 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 11 March 1994;
Whereas, at the 512th meeting of the Deputies, held on
3 May 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, 2 000 Dutch guilders for
non-pecuniary damage and 3 000 Dutch guilders in respect of costs
and expenses, that is a total sum of 5 000 Dutch guilders;
Whereas the Committee of Ministers invited the Government of
the Netherlands to inform it of the measures taken following its
decisions of 21 September 1993 and 3 May 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
22 June 1994 the Government of the Netherlands paid the applicant
the total sum of 5 000 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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