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R.R. and G.R. AGAINST THE NETHERLANDS

Doc ref: 14216/88 • ECHR ID: 001-49344

Document date: January 26, 1993

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R.R. and G.R. AGAINST THE NETHERLANDS

Doc ref: 14216/88 • ECHR ID: 001-49344

Document date: January 26, 1993

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 29 February 1988  by R.R. and G.R. against the Netherlands

(Application No. 14216/88);

     Whereas on 28 November 1991 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 their application the applicants complained of

the length of civil proceedings;

     Whereas the Commission declared the application admissible

on 7 March 1991 and in its report adopted on 14 October 1991

expressed unanimously the opinion that there had been a violation

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

     Whereas, at the 473rd meeting of the Ministers' Deputies

held on 2 April 1992, 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 6, paragraph 1 (art. 6-1), 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 applicants, proposals

supplemented by a letter of the President of the Commission dated

8 July 1992;

     Whereas on 17 September 1992 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 applicants for just satisfaction, within three months, the

sum of 33 000 Dutch guilders, which sum includes the amount of

29 969,30 Dutch guilders for costs incurred in the proceedings

before the Convention organs;

     Whereas the Committee of Ministers invited the Government

of the Netherlands to inform it of the measures taken following

its decisions of 2 April 1992 and 17 September 1992, 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 December 1992 the Government of the Netherlands paid the

applicants the sum of 33 000 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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