Resolution CM/ ResDH (2010)59 [1]

Execution of the judgment of the European Court of Human Rights

Del Latte against the Netherlands

(Application No. 44760/98, judgment of 9 November 2004, final on 9 February 2005)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the failure to observe the presumption of the applicants ’ innocence in compensation proceedings brought after their acquittal (violation of article 6, paragraph 2) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicants the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2010)59

Information about the measures to comply with the judgment in the case of

Del Latte against the Netherlands

Introductory case summary

The case concerns a violation of the presumption of the applicants ’ innocence in proceedings brought, subsequently to their acquittal, in order to seek compensation for their detention on remand. The Amsterdam Court of Appeal court rejected their application for compensation on the grounds that, while they had been acquitted of attempted murder and manslaughter, they would certainly have been found guilty had they been charged with issuing death threats.

The European Court found that this decision “amounted to a determination of the applicants ’ guilt of a specific offence without their having been proved guilty according to law ’ ” (violation of Article 6§2).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

500 EUR

500 EUR

Paid on 15/12/2004

b) Individual measures

The applicants ’ lawyer indicated that the applicants would not renew the application for compensation before the domestic courts. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The Netherlands authorities underlined that the violation in the case was not due to any shortcoming of the law, and given the direct effect of European Court judgments in the Netherlands , the publication of the judgment in several legal journals, including NJB (2005, No. 5), EHRC (2005, No. 1) and NJCM (2005, p. 1138) , should ensure that the judgment will be taken into account by domestic courts. The authorities noted that the judgment has been specifically brought to the attention of the Netherlands Council for the Judiciary, the Netherlands Supreme Court and the Office of the Public Prosecutor.

III. Conclusions of the respondent state

The government considers that no individual measure is required in this case, above the payment of the costs and expenses, that the general measure adopted will prevent similar violations and that the Netherlands have thus complied with their obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 3 June 2010 at the 1086th meeting of the Ministers’ Deputies