Final Resolution ResDH(2001)8 Human Rights Application No. 26493/95 Zegwaard and Zegwaard B.V. against the Netherlands

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (99) 259, adopted on 15 April 1999 in the case of Zeegward and Zegwaard B.V. against the Netherlands, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 2, of the Convention on account of a breach of the presumption of innocence insofar as the sentences the applicants had received in certain criminal proceedings at appeal took account of offences of which they had not been convicted, and decided to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 26 May 1999;

Whereas at the 677 th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 15 July 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay within three months, as just satisfaction, 10 000 Dutch guilders to Mr Willem Zegwaard in respect of non-pecuniary damage and 8 887,50 Dutch guilders to the company Zegwaard B.V. in respect of costs and expenses, namely a total sum of 18 887,50 Dutch guilders, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay, at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 15 April 1999 and 15 July 1999, having regard to the Netherlands' obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State drew the Committee's attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention; in addition, the Commission's report has been published in the NCJM Bulletin – Nederlands Tijdschrift voor de Mensenrechten , 1999, pp. 675-679;

Whereas the Committee of Ministers satisfied itself that the Government of the respondent State had paid the applicants the total sum of 18 887,50 Dutch guilders as just satisfaction, within the time-limit set,

Declares, after having taken note of the measures taken by the Government of the Netherlands, that it has exercised its functions under former Article 32 of the Convention in this case.