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 6 December 1990 by Mr Maarten Vaes against the Netherlands
(Application No. 17581/90);
Whereas on 8 October 1992 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 of the
proceedings leading to his detention in a mental hospital;
Whereas the Commission declared the application admissible
on 8 January 1992 and in its report adopted on 2 September 1992
expressed unanimously the opinion that there had been a violation
of Article 5, paragraphs 1 and 4 (art. 5-1, art. 5-4), of the
Convention, but not of Article 5, paragraph 2 (art. 5-2);
Whereas, at the 487th meeting of the Ministers' Deputies
held on 26 January 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, paragraphs 1 and 4 (art. 5-1,
art. 5-4), of the Convention, but not of Article 5, paragraph 2
(art. 5-2);
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
5 July 1993;
Whereas on 21 September 1993 the Committee of Ministers
held, in accordance with Article 32, paragraph 2 (art. 32-2), of
the Convention, that the Government of the Netherlands was to pay
the applicant, within three months, 6 750 Dutch guilders for just
satisfaction, which sum includes his lawyer's fees;
Whereas the Committee of Ministers invited the Government
of the Netherlands to inform it of the measures taken following
its decisions of 26 January and 21 September 1993, 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
15 March 1994 the Government of the Netherlands paid the
applicant the sum of 6 750 Dutch guilders in respect of 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.
Full & Egal Universal Law Academy