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 Winterwerp case, delivered on 24 October 1979 and transmitted the
same day to the Committee of Ministers;
Recalling that the case had its origins in an application against the
Netherlands lodged with the European Commission of Human Rights under
Article 25 (art. 25) of the Convention by a Netherlands national,
Mr Frits Winterwerp, complaining that he was being arbitrarily
deprived of his liberty, that he had not been allowed a hearing by a
court and that he had not been informed of the decisions by which his
confinement was several times prolonged;
Recalling that the case had been brought before the Court by the
Government of the Netherlands and by the European Commission of Human
Rights;
Whereas in its judgment of 24 October 1979 the Court unanimously
- holds that there has been no breach of Article 5, paragraph 1
(art. 5-1);
- holds that there has been breach of Article 5, paragraph 4
(art. 5-4);
- holds that it has jurisdiction to rule on the complaint under
Article 6, paragraph 1 (art. 6-1);
- holds that there has been breach of Article 6, paragraph 1
(art. 6-1);
- holds that the question of the application of Article 50
(art. 50) is not ready for decision;
Whereas in its judgment of 27 November 1982, the Court, having been
informed of the terms of the friendly settlement reached between the
Government and the applicant in respect of the latter's claims under
Article 50 (art. 50) of the Convention, decided unanimously to strike
the case off its list;
Having regard to the "Rules 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, having
regard to its obligations under Article 53 (art. 53) of the Convention
to abide by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of the Netherlands informed the Committee of
Ministers of the measures taken in consequence of the judgment, which
information is summarised at the appendix to this resolution,
Declares, after having taken note of the information supplied by the
Government of the Netherlands, that it has exercised its function
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (82) 2
Information provided by the Government of the Netherlands during
the examination of the Winterwerp case before the Committee of
Ministers
As a consequence of the judgment of the European Court of Human Rights
dated October 24 1979, the Netherlands Government has taken the
following measures:
A. With respect to Article 5, paragraph 4 (art. 5-4), of the Convention
1. On 5 February 1980, the Government introduced in the Second
Chamber of Parliament a revised bill No. 11270 on "special admissions
to psychiatric hospitals". Provisions have been included in the bill
to the effect that in all cases of involuntary admission to
psychiatric hospitals, prolongation of the admission or requests for
dismissal, the patient has the right to be heard by a court.
The written procedure in the Second Chamber is now finished and the
oral debate is expected around June.
2. On 16 April 1980, the Minister for Justice issued a circular
letter to the public prosecutors explaining the proposed modification
of legislation in this respect and instructing the public prosecutors
to request the courts to hear the patient in all cases mentioned
sub 1, in anticipation of the entry into force of the new legislation.
B. With respect to Article 6, paragraph 1 (art. 6-1), of the Convention
1. In the Court's judgment of 24 October 1979 the Court held that
Article 32 of the Mentally Ill Persons Act (automatic loss of the
patient's administration of his property as a result of his
involuntary admission to a psychiatric hospital) contravened
Article 6, paragraph 1 (art. 6-1), of the Convention. In the new bill
No. 11270, this Article 32 has been deleted.
2. In anticipation of the entry into force of this new legislation,
the Minister of Justice has sent a circular letter to the public
prosecutors instructing them to request a court's decision on whether
or not a patient, in all cases of involuntarily admission to a
psychiatric hospital, does not lose the administration of his
property.