FINAL RESOLUTION DH (98) 2

HUMAN RIGHTS

APPLICATION No. 21280/93

CHARUEL AGAINST BELGIUM

(Adopted by the Committee of Ministers on 18 February 1998

at the 618th 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 the Interim Resolution DH (96) 25, adopted on 9 February 1996 in the case of Charuel against Belgium (Application No. 21280/93), in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention 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 13 November 1996;

Whereas, at the 599th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 17 September 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Belgium was to pay the applicant as just satisfaction, within three months, the sum of 120 000 Belgian francs in respect of non-pecuniary damage and the sum of 120 000 Belgian francs in respect of costs and expenses, namely a total sum of 240 000 Belgian francs 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 Belgium to inform it of the measures taken following its decisions of 9 February 1996 and 17 September 1997, having regard to Belgium’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that on 15 December 1997, within the time-limit set, the Government of Belgium paid the applicant the total sum of 240 000 Belgian francs as just satisfaction,

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