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CASE OF LALA AGAINST THE NETHERLANDS

Doc ref: 14861/89 • ECHR ID: 001-55636

Document date: October 19, 1995

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CASE OF LALA AGAINST THE NETHERLANDS

Doc ref: 14861/89 • ECHR ID: 001-55636

Document date: October 19, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention 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 Lala case delivered on 22 September 1994 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 14861/89) against the Netherlands, lodged with the European

Commission of Human Rights on 8 March 1989 under Article 25

(art. 25) of the Convention by Mr Radjinderpersad Roy Lala, a

Netherlands' national, and that the Commission declared admissible

the complaint that he had not had a fair trial as his counsel had

not been heard by the Court of Appeal and that his conviction had

been based exclusively on prosecution evidence;

Recalling that the case was brought before the Court by the

Commission on 12 July 1993 and by the Government of the Netherlands

on 30 August 1993;

Whereas in its judgment of 22 September 1994 the Court:

- held by eight votes to one that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention taken

together with Article 6, paragraph 3.c (art. 6-3-c);

- held unanimously that it was not necessary to consider the

allegation of a violation of Article 6, paragraph 2 (art. 6-2);

- held unanimously that the finding of a violation constituted

in itself sufficient just satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of the Netherlands to inform it

of the measures which had been taken in consequence of the judgment

of 22 September 1994, having regard to the Netherlands' obligation

under Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of the Netherlands gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution,

Declares, after having taken note of the information supplied

by the Government of the Netherlands, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH (95) 240

Information provided by the Government of the Netherlands

during the examination of the Lala case

by the Committee of Ministers

The judgment of the European Court of Human Rights has been

given wide publicity in the Netherlands. The Convention is

accepted by the courts to be directly applicable (to have direct

effect) in the domestic law. In two recent decisions concerned

with questions similar to those raised in the Lala case

(Strafkammer decision of 6 December 1994 in the case against

Roby Dennis Ong-A-Fat (No. 98.306); Strafkammer decision of

13 december 1994 in the case against Abdorsa El Mernikh

(No. 98.354)), the Supreme Court (the Hoge Raad) has furthermore

found it justified, on the basis of the judgments of the European

Court in the Lala and Pelladoah cases, to change its earlier

case-law so as to conform with the jurisprudence of the European

Court. This new case-law has been confirmed in several other cases

(see Hoge Raad Strafkammer decisions of 10 January 1995 in the

cases against Mardoyi Andrada Lara and against Fokke Johannes

Stoker, Nos. 98.547 and 98.642, respectively). According to the

new case-law an accused who is absent from the public hearing to

which he or she has been summoned has a right to have the defence

presented by counsel, even if the absence is not considered

justified.

In view of these developments the Government of the

Netherlands considers that there is no risk of any repetition of

the violation found by the European Court in the present case and

that it has, accordingly, fulfilled the Netherlands' obligations

under Article 53 (art. 53) of the Convention.

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