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P.J.B. AGAINST THE NETHERLANDS

Doc ref: 15672/89 • ECHR ID: 001-49405

Document date: October 19, 1994

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P.J.B. AGAINST THE NETHERLANDS

Doc ref: 15672/89 • ECHR ID: 001-49405

Document date: October 19, 1994

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 32) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on

23 August 1989 by Mr P.J.B. against the Netherlands

(Application No. 15672/89);

Whereas on 17 March 1993 the Commission transmitted the said

report to the Committee of Ministers and whereas the period of

three months provided for in Article 32, paragraph 1 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his application, declared admissible by the

Commission on 2 September 1992, the applicant complained that his

detention in mental hospital had not been lawful and had not been

decided in accordance with a procedure prescribed by law;

Whereas in its report adopted on 10 February 1993, the

Commission expressed, unanimously, the opinion that there had been

a violation of Article 5, paragraph 4 (art. 5-4), of the Convention

and that no separate issue arose under Article 5, paragraph 1

(art. 5-1), of the Convention;

Whereas, at the 498th meeting of the Ministers' Deputies, held

on 21 September 1993, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a

violation of Article 5, paragraph 4 (art. 5-4), of the Convention;

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 11 March 1994;

Whereas, at the 512th meeting of the Deputies, held on

3 May 1994, the Committee of Ministers decided, in accordance with

Article 32, paragraph 2 (art. 32-2), of the Convention, that the

Government of the Netherlands was to pay the applicant as just

satisfaction, within three months, 2 000 Dutch guilders for

non-pecuniary damage and 3 000 Dutch guilders in respect of costs

and expenses, that is a total sum of 5 000 Dutch guilders;

Whereas the Committee of Ministers invited the Government of

the Netherlands to inform it of the measures taken following its

decisions of 21 September 1993 and 3 May 1994, having regard to the

Netherlands' obligation under Article 32, paragraph 4 (art. 32-4),

of the Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that on

22 June 1994 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 (art. 32) of the Convention in this case;

Authorises the publication of the report adopted by the

Commission in this case.

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