Final Resolution ResDH(2001)15 Human Rights Application No. 27572/95 Van Boerum 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) 231, adopted on 19 February 1999 in the case of Van Boerum against the Netherlands, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain criminal proceedings, and 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 applicant, proposals supplemented by a letter of the President of the Commission dated 27 September 1999;

Whereas at the 688 th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 3 December 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 2 700 Dutch guilders in respect of non-pecuniary damage and 2 700 Dutch guilders in respect of costs and expenses, namely a total sum of 5 400 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 applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 19 February 1999 and 3 December 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 recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, notably through the institution of regular meetings of the Presidents of the Courts of Appeal to examine the organisation of appeal procedures and to avoid excessive delays in the proceedings (see Resolution DH (95) 91 in the case of Abdoella against the Netherlands), and indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 2 February 2000, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 5 400 Dutch guilders as just satisfaction,

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.