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 24 April 1987 by Mr. Robbert Smiet against the Netherlands
(Application No. 12889/87);
Whereas on 28 January 1991 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 the applicant complained inter
alia, that the prolongation of his detention in a psychiatric
hospital had not been decided within the time limit prescribed
by Dutch law;
Whereas the Commission declared the application admissible
on 10 July 1989 and in its report adopted on 6 December 1990
expressed unanimously the opinion that there had been in this
case a violation of Article 5, paragraph 1 (art. 5-1), of the
Convention but not of Article 5, paragraphs 4 and 5 (art. 5-4,
art. 5-5), and by sixteen votes to two that there had been no
violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Agreeing with the opinion expressed by the Commission in
accordance with Article 31, paragraph 1 (art. 31-1), of the
Convention;
Having examined the proposals made by the Commission when
transmitting its report concerning just satisfaction for the
applicant, proposals supplemented by a letter of the President
of the Commission dated 12 September 1991,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention, that
there has been a violation of Article 5, paragraph 1 (art. 5-1),
of the Convention in this case but no violation of Article 5,
paragraphs 4 and 5 (art. 5-4, art. 5-5), and no violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Recommends, under Rule 5 of the Rules adopted by the
Committee of Ministers for the application of Article 32
(art. 32) of the Convention, that the Government of the
Netherlands pay to the applicant the sum of 1 900 guilders for
non material damage and the sum of 3 087,30 guilders for costs
and expenses;
Decides, therefore, that no further action is called for in
this case.
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