The Committee of Ministers, under the terms of
Article 54 (art. 54) of the Convention for the Protection of
Human Rights and Fundamental Freedoms (hereinafter referred to
as "the Convention"),
Having regard to the judgment of the European Court of
Human Rights in the Wassink case delivered on 27 September l990
and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
against the Netherlands lodged with the European Commission of
Human Rights on l7 October l986, under Article 25 (art. 25) of
the Convention by Mr Jan Wassink, a Dutch national, who
complained that his confinement in a psychiatric hospital had
been ordered after questionning of persons by telephone and
following a hearing held without a registrar;
Recalling that the case was brought before the Court by
the Commission on 8 September l989;
Whereas in its judgment of 27 September l990 the Court:
- held by six votes to one that there had been a violation
of paragraph l of Article 5 (art. 5-1);
- held by six votes to one that there had been no violation
of paragraph 4 of Article 5 (art. 5-4);
- held unanimously that there had been no violation of
paragraph 5 of Article 5 (art. 5-5);
- held unanimously that it was not necessary also to
examine the case under Article 6, paragraph l (art. 6-1);
- held unanimously that the Netherlands were to pay to the
applicant ll 897,40 Dutch guilders less 8 657,50 French francs
under Article 50 (art. 50);
- dismissed unanimously the remainder of the claim for just
satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of the Netherlands to
inform it of the measures which had been taken in consequence of
the judgment of 27 September l990, having regard to its
obligation under Article 53 (art. 53) of the Convention to abide
by it;
Having satisfied itself that the Government of the
Netherlands has paid the applicant the sum provided for in the
judgment,
Declares that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
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