FINAL RESOLUTION DH (97) 217

HUMAN RIGHTS

APPLICATION No. 18266/91

DÃœMAN AGAINST THE NETHERLANDS

(Adopted by the Committee of Ministers on 15 May 1997

at the 590th 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 (95) 242, adopted in the case of Düman against the Netherlands (Application No. 18266/91) 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 19 April 1996;

Whereas, at the 567th meeting of the Ministers’ Deputies, the Committee of Ministers held, by a decision adopted on 25 June 1996, 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 of 5 000 Dutch guilders in respect of non-pecuniary damage and the sum of 50 Dutch guilders in respect of costs and expenses, namely a total sum of 5 050 Dutch guilders and that interest should be payable on any unpaid sum 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 measures taken following its decisions of 13 October 1995 and 25 June 1996, having regard to the obligation of the Netherlands 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 17 July 1996 the Government of the Netherlands paid the applicant the total sum of 5 050 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.