Final Resolution DH (2000) 57

Human Rights

Application No. 25507/94

S.E.W. against the Netherlands

(Adopted by the Committee of Ministers on 29 May 2000 at the 709th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of 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) 230, adopted on 19 February 1999 in the case of S.E.W. 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 26 May 1999;

Whereas at the 677th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 15 July 1999, in  accordance with 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, 3 000 Dutch guilders in respect of non-pecuniary damage and 3 957,75 Dutch guilders in respect of costs and expenses, namely a total sum of 6 957,75 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 15 July 1999, having regard to the Netherlands’ obligation under 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 the one found in this case, notably through the institution of regular meetings of the Presidents of the Courts of Appeal to examine the organisation of the appeal procedures and avoid 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 10 August 1999, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 6 957,75 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 fun c tions under Article 32 of the Convention in this case.