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L.I.B. v. THE NETHERLANDS

Doc ref: 23073/93 • ECHR ID: 001-45748

Document date: September 13, 1995

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

L.I.B. v. THE NETHERLANDS

Doc ref: 23073/93 • ECHR ID: 001-45748

Document date: September 13, 1995

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

SECOND CHAMBER

Application No. 23073/93

L.I.B.

against

the Netherlands

REPORT OF THE COMMISSION

(adopted on 13 September 1995)

TABLE OF CONTENTS

Page

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

PART I : STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 2

PART II : SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 3

INTRODUCTION

1. This Report relates to the application introduced under

Article 25 of the European Convention for the Protection of Human

Rights and Fundamental Freedoms by L.I.B. against the Netherlands on

8 September 1993. It was registered on 13 December 1993 under file

No. 23073/93.

The applicant was represented by Mr. G. Spong, a lawyer

practising in The Hague, the Netherlands.

The Government of the Netherlands were represented by their

Agent, Mr. K. de Vey Mestdagh, of the Ministry of Foreign Affairs.

2. On 11 January 1995 the Commission (Second Chamber) declared the

application admissible. It then proceeded to carry out its task

under Article 28 para. 1 of the Convention which provides as follows:

"In the event of the Commission accepting a petition referred to

it:

a. it shall, with a view to ascertaining the facts, undertake

together with the representatives of the parties an examination

of the petition and, if need be, an investigation, for the

effective conduct of which the States concerned shall furnish all

necessary facilities, after an exchange of views with the

Commission;

b. it shall at the same time place itself at the disposal of

the parties concerned with a view to securing a friendly

settlement of the matter on the basis of respect for Human Rights

as defined in this Convention."

3. The Commission (Second Chamber) found that the parties had

reached a friendly settlement of the case and on 13 September 1995 it

adopted this Report, which, in accordance with Article 28 para. 2 of

the Convention, is confined to a brief statement of the facts and of

the solution reached.

The following members were present when the Report was adopted:

Mr. H. DANELIUS, President

Mrs. G.H. THUNE

MM. G. JÖRUNDSSON

J.-C. SOYER

H.G. SCHERMERS

F. MARTINEZ

L. LOUCAIDES

J.-C. GEUS

M.A. NOWICKI

I. CABRAL BARRETO

J. MUCHA

D. SVÁBY

P. LORENZEN

PART I

STATEMENT OF THE FACTS

4. The applicant is a Dutch citizen, born in 1941, and resident in

Aruba.

5. On 22 December 1988 the applicant was arrested and subsequently

detained on remand on suspicion of having committed drug offences.

6. On 30 March 1990 the Court of First Instance (Gerecht in eerste

aanleg) of Aruba convicted the applicant and sentenced him to nine

years' imprisonment.

7. The judgment of the Court of First Instance was quashed on

22 October 1991 by the Joint Court of Appeal of the Netherlands

Antilles and Aruba (Gemeenschappelijk Hof van Justitie van de

Nederlandse Antillen en Aruba), which convicted the applicant and

sentenced him to seven years' imprisonment.

8. On 28 October 1991 the applicant filed an appeal in cassation to

the Supreme Court (Hoge Raad). On 9 November 1992 the applicant's case-

file was received by the Registry of the Supreme Court. The Supreme

Court started its examination on 5 January 1993 and rejected the appeal

in cassation on 9 March 1993.

9. Before the Commission the applicant complained under Article 6

para. 1 of the Convention that the criminal charges against him were

not determined within a reasonable time in that certain unreasonable

delays had occurred in the proceedings against him.

PART II

SOLUTION REACHED

10. Following the decision on the admissibility of the application,

the Commission (Second Chamber) placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 para. 1 (b) of the Convention and invited the parties

to submit any proposals they wished to make.

11. In accordance with the usual practice, the Chamber Secretary,

acting on the Commission's instructions, contacted the parties to

explore the possibilities of reaching a friendly settlement.

12. Between 10 March 1995 and 4 July 1995 the parties exchanged

various letters relating, inter alia, to the effort to reach a friendly

settlement and, with a view to such a settlement, considered a proposal

put forward by the Commission (Second Chamber).

13. The applicant's representative, by letter of 3 July 1995, and the

Government, by letter of 4 July 1995, stated their willingness to

accept a friendly settlement on the following terms:

- the payment by the Netherlands Government to the

applicant of an amount of 3.000,- Dutch guilders for

compensation of non-pecuniary damages; and

- the payment by the Netherlands Government to the

applicant of an amount of 2.000,- Dutch guilders for the

applicant's legal costs incurred in the proceedings before

the Commission insofar as these costs have not been covered

by any legal aid scheme.

14. At its session on 13 September 1995, the Commission (Second

Chamber) noted that the parties had reached an agreement regarding the

terms of a settlement. It further considered, having regard to

Article 28 para. 1 (b) of the Convention, that the friendly settlement

of the case had been secured on the basis of respect for Human Rights

as defined in the Convention.

15. For these reasons, the Commission adopted the present Report.

Secretary to the Second Chamber President of the Second Chamber

(M.-T. SCHOEPFER) (H. DANELIUS)

LEXI

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