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CASE OF KOSTER AGAINST THE NETHERLANDS

Doc ref: 12843/87 • ECHR ID: 001-55528

Document date: May 15, 1992

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CASE OF KOSTER AGAINST THE NETHERLANDS

Doc ref: 12843/87 • ECHR ID: 001-55528

Document date: May 15, 1992

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 Koster case delivered on 28 November 1991 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 31 March 1987 under Article 25 (art. 25) of the

Convention by Mr Jacobus Petrus Koster, a Dutch national, who

complained that he had not been brought promptly before the

military court when as a conscript he was placed in detention on

remand during military manoeuvres;

Recalling that the case was brought before the Court by the

Commission on 12 November 1990;

Whereas in its judgment of 28 November 1991 the Court

unanimously:

- held that there had been a violation of paragraph 3 of

Article 5 (art. 5-3);

- held that the Netherlands were to pay to the applicant,

within three months, 11 626 guilders, less 9,382.50 French

francs in respect of costs and expenses;

- 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 28 November 1991, 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 sum 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 (92) 20

Information provided by the Government of the Netherlands

during the examination of the Koster case

before the Committee of Ministers

The directive of 21 March 1983 governing the bringing before

a judicial authority of military personnel in custody, laid down,

inter alia, as a consequence of the Court's judgment in the case

of De Jong, Baljet and Van den Brink (see Resolution DH (84) 7

of 7 December 1984), provides that the accused must appear before

the military court within four days of his arrest. In the

present case, this time-limit was exceeded by one day because of

exceptional circumstances. The Government of the Netherlands

will take the necessary measures to ensure compliance with the

directive of 21 March 1983 in cases similar to the Koster case.

The sum awarded to the applicant by the Court was paid on

24 February 1992.

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