RESOLUTION DH (97) 406

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 24 FEBRUARY 1997

IN THE CASE OF DE HAES AND GIJSELS AGAINST BELGIUM

(Adopted by the Committee of Ministers on 17 September 1997

at the 599th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the De Haes and Gijsels case delivered on 24 February 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 19983/92) against Belgium, lodged with the European Commission of Human Rights on 12 March 1992 under Article 25 of the Convention by Mr Leo De Haes and Mr Hugo Gijsels, Belgian nationals, and that the Commission declared admissible the complaints according to which the judgments against them had infringed their right to freedom of expression as guaranteed in Article 10 of the Convention and that it had been based on an erroneous interpretation of Article 8, and according to which they had not had a fair trail by an independent and impartial tribunal within the meaning of Article 6 ;

Recalling that the case was brought before the Court by the Commission on 25 January 1996 ;

Whereas in its judgment of 24 February 1997 the Court:

– held, by seven votes to two, that there had been a breach of Article 10 of the Convention ;

– held, unanimously, that there had been a breach of Article 6, paragraph 1, of the Convention;

– held, unanimously, that the respondent State was to pay the applicants, within three months, 113 101 Belgian francs for pecuniary damage and 851 697 Belgian francs for costs and expenses, on which sums simple interest, at an annual rate of 7%, should be payable from the expiry of the above-mentioned three months until settlement ;

– held, unanimously, that the judgment constituted in itself sufficient just satisfaction in respect of non-pecuniary damage ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention ;

Having invited the Government of Belgium to inform it of the measures which had been taken in consequence of the judgment of 24 February 1997, having regard to Belgium's obligation under Article 53 of the Convention to abide by it ;

Whereas, during the examination of the case by the Committee of Ministers, the Government of Belgium gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution ;

Having satisfied itself that on 22 May 1997, within the time-limit set, the Government of Belgium paid the applicants the sums provided for in the judgment of 24 February 1997,

Declares, after having taken note of the information supplied by the Government of Belgium, that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (97) 406

Information provided by the Government of Belgium

during the examination of the De Haes and Gijsels case

by the Committee of Ministers

The judgment of the Court has been transmitted to the Cour de cassation and to the Cour d'appel of Brussels. Moreover the judgment of the Court has been published in the two law reviews, Journal des procès of March 1997 and Journal des tribunaux – Droit européen . The Government of Belgium is of the opinion that this will prevent the repetition of the kind of violations found in the present case.