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VAES AGAINST THE NETHERLANDS

Doc ref: 17581/90 • ECHR ID: 001-49380

Document date: March 21, 1994

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VAES AGAINST THE NETHERLANDS

Doc ref: 17581/90 • ECHR ID: 001-49380

Document date: March 21, 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 6 December 1990 by Mr Maarten Vaes against the Netherlands

(Application No. 17581/90);

Whereas on 8 October 1992 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 the applicant complained of the

proceedings leading to his detention in a mental hospital;

Whereas the Commission declared the application admissible

on 8 January 1992 and in its report adopted on 2 September 1992

expressed unanimously the opinion that there had been a violation

of Article 5, paragraphs 1 and 4 (art. 5-1, art. 5-4), of the

Convention, but not of Article 5, paragraph 2 (art. 5-2);

Whereas, at the 487th meeting of the Ministers' Deputies

held on 26 January 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, paragraphs 1 and 4 (art. 5-1,

art. 5-4), of the Convention, but not of Article 5, paragraph 2

(art. 5-2);

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

5 July 1993;

Whereas on 21 September 1993 the Committee of Ministers

held, in accordance with Article 32, paragraph 2 (art. 32-2), of

the Convention, that the Government of the Netherlands was to pay

the applicant, within three months, 6 750 Dutch guilders for just

satisfaction, which sum includes his lawyer's fees;

Whereas the Committee of Ministers invited the Government

of the Netherlands to inform it of the measures taken following

its decisions of 26 January and 21 September 1993, 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

15 March 1994 the Government of the Netherlands paid the

applicant the sum of 6 750 Dutch guilders in respect of 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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