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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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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