FINAL RESOLUTION DH (97) 574

HUMAN RIGHTS APPLICATION No. 19508/92 J.D. AGAINST THE NETHERLANDS

(Adopted by the Committee of Ministers on 15 December 1997 at the 610th 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) 247, adopted on 15 May 1996 in the case of J.D. against the Netherlands (Application No. 19508/92) in which the Committee of Ministers decided that there had been in this case 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 20 March 1997;

Whereas, at the 597th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 11 July 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the Netherlands was to pay the applicant as just satisfaction, within three months, the sum 5 000 Dutch guilders, which sum includes compensation for the legal costs incurred by the applicant, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of default interest) 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 Netherlands to inform it of the easures taken following its decisions of 15 May 1996 and 11 July 1997, having regard to the Neterlands' 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 Netherlands accordingly 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 8 September 1997, within the time-limit set, the Government of the Netherlands paid the applicant the total sum of 5 000 Dutch guilders as just satisfaction,

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