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CASE OF VAN DER LEER AGAINST THE NETHERLANDS

Doc ref: 11509/85 • ECHR ID: 001-55561

Document date: June 11, 1993

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CASE OF VAN DER LEER AGAINST THE NETHERLANDS

Doc ref: 11509/85 • ECHR ID: 001-55561

Document date: June 11, 1993

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 Van der Leer case delivered on 21 February 1990 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

the Netherlands lodged with the European Commission of Human

Rights on 18 May 1984, under Article 25 (art. 25) of the

Convention by Mrs Hendrika Wilhelmina van der Leer, a Dutch

national, who complained that she had been confined in a

psychiatric hospital without being heard or informed;

Recalling that the case was brought before the Court by the

Commission on 13 September 1988;

Whereas in its judgment of 21 February 1990 the Court

unanimously:

- held that there had been a violation of paragraphs 1, 2

and 4 of Article 5 (art. 5-1, art. 5-2, art. 5-4) of the

Convention;

- held that it was not necessary to consider in addition the

case under Article 6, paragraph 1 (art. 6-1);

- held that the Netherlands were to pay to the applicant

15 000 Dutch guilders;

- dismissed the remainder of the claim for 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 21 February 1990, having regard to its 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 has paid the applicant the sums provided for in the

judgment,

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 (93) 23

Information provided by the Government of the Netherlands

during the examination of the Van der Leer case

by the Committee of Ministers

The Psychiatric Hospitals (Special Admissions) Act

(Staatsblad 1992, No. 669) as amended by the law of

29 October 1992 (Staatsblad 1992, No. 670) has been published

officially in Staatsblad 1992, No. 671. Its entry into force is

expected by 1 January 1994.

The following provisions of the law should ensure that the

violations found by the Court (see also Resolution DH (82) 2 of

24 June 1982 relating to the Court's judgment of 24 October 1979

in the Winterwerp case) will not occur again: Sections 2,

paragraph 4; 8, paragraph 1; 9, paragraph 2 under a; 49,

paragraphs 1, 2, 5 and 9 in conjunction with Section 9,

paragraph 1.

The sum awarded to the applicant for just satisfaction has

been paid (receipt dated 1 May 1990).

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