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 Wim Hendriks against the
Netherlands (No. 8427/78);
Whereas on 8 June 1982 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 introduced on 24 November 1978 the
applicant complained that, contrary to Article 8 (art. 8) of the
Convention, he could not effectively enjoy the right of access to his
child, that the court proceedings concerning his request for access
violated Article 6, paragraph 1 (art. 6-1), of the Convention and that
the court's refusal to grant him access to his child was contrary to
Article 3 (art. 3) of the Convention;
Whereas the Commission, having declared the application admissible on
13 March 1980, had expressed in its report the opinion, by 10 votes to
6, that there had been no violation of Article 8 (art. 8) of the
Convention, by 12 votes to 2 with two abstentions, that there had been
no violation of Article 3 (art. 3) of the Convention, unanimously,
that the court proceedings concerned did not, as regards their length,
disclose a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention and, by 14 votes with 2 abstentions, that the procedure
followed by the courts did not otherwise disclose a violation of the
same article;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention,
Decides that, in this case, there was no violation of the Convention
for the Protection of Human Rights and Fundamental Freedoms.