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 by Mr Leon Van Lierde against
Belgium (Application No. 8837/79);
Whereas on 3 September 1986 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
elapsed whithout the case being brought before the European Court of
Human Rights in pursuance of Article 48 (art. 48) of the convention;
Whereas in his application introduced on 13 December 1979 the
applicant alleged a breach of Article 6 (art. 6) of the convention,
complaining in particular that the disciplinary proceedings were not
public and that the Provincial Council and Appeals Council of the
Medical Association, which he described as special courts, were
biased, as well as breaches of Articles 7, 8 and 10 (art. 7, art. 8,
art. 10) of the convention;
Whereas the Commission declared the application admissible on
5 December 1984 in relation to the complaints that the disciplinary
proceedings were not public and, in its report adopted on 8 July 1986,
expressed the unanimous opinion that there had been a breach of
Article 6, paragraph 1 (art. 6-1), of the convention in that the
applicant's case was not heard publicly;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the convention;
Whereas, during the examination of the case, the Committee of
Ministers was informed by the Government of Belgium that it accepted
the opinion of the Commission and that, following the judgments of the
European Court of Human Rights of 23 June 1981 in the case of
"Le Compte, Van Leuven and de Meyere" and of 10 February 1983 in the
case of "Albert and Le Compte", the Belgian Act of 13 March 1985 had
made the disciplinary proceedings in the Appeals Councils of the
Medical Association and Pharmaceutical Association comply with these
judgments of the Court by providing that hearings before these
councils would henceforth be held in public;
Having examined the proposals made by the Commission under Article 31,
paragraph 3 (art. 31-3), of the convention,
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 6, paragraph 1 (art. 6-1), of the convention in
this case in that the applicant's case was not heard publicly;
Takes note of the information supplied by the Government of Belgium;
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 Belgium pay to the applicant for
the costs of the proceedings and of the defence the sum of one hundred
and twenty-five thousand (125 000) Belgian francs;
Decides, therefore, that no further action is called for in this case.