Search
document

Document text Analytics

CASE OF ABDOELLA AGAINST THE NETHERLANDS

Doc ref: 12728/87 • ECHR ID: 001-55684

Document date: June 7, 1995

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

CASE OF ABDOELLA AGAINST THE NETHERLANDS

Doc ref: 12728/87 • ECHR ID: 001-55684

Document date: June 7, 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 Abdoella case delivered on 25 November 1995 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 12728/87) against the Netherlands lodged with the European

Commission of Human Rights on 9 February 1987 under Article 25

(art. 25) of the Convention by Mr Abdoel Aliem Khan Abdoella, a

Netherlands national, and that the Commission declared admissible

the complaint that the criminal proceedings against him had not

been conducted within a reasonable time;

Recalling that the case was brought before the Court by the

Government of the Netherlands on 2 January 1992;

Whereas in its judgment of 25 November 1992 the Court

unanimously:

- rejected the government's preliminary objection;

- held that there had been a violation of Article 6,

paragraph 1 (art. 6-1);

- held that the judgment constituted in itself, as regards any

non-pecuniary damage, sufficient just satisfaction for the purposes

of Article 50 (art. 50);

- held that the Kingdom of the Netherlands was to pay to the

applicant, within three months, 10 901 Dutch guilders and 88 cents,

less 8 825 French francs in respect of costs and expenses;

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 25 November 1992, 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;

Having satisfied itself that the Government of the Netherlands

paid the applicant, within the time limit set, the sum provided for

in the judgment of 25 November 1992,

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) 91

Information provided by the Government of the Netherlands

during the examination of the Abdoellla case

by the Committee of Ministers

The Supreme Court and the courts of appeal have seriously

studied the judgments of the European Court of Human Rights in the

Abdoella and Bunkate cases. As a result of this examination, the

presidents of the courts of appeal have henceforth instituted

regular meetings to examine the organisation of the appeal

procedure in order to avoid the kind of problem which arose in

these two cases. Considering the small number of cases pending

before the Convention organs with regard to the length of criminal

proceedings in the Netherlands, the government finds that these

measures have been sufficient to remedy the problems pinpointed by

the Court.

LEXI

Lexploria AI Legal Assistant