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SMIET AGAINST THE NETHERLANDS

Doc ref: 12889/87 • ECHR ID: 001-49317

Document date: December 13, 1991

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SMIET AGAINST THE NETHERLANDS

Doc ref: 12889/87 • ECHR ID: 001-49317

Document date: December 13, 1991

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 24 April 1987 by Mr. Robbert Smiet against the Netherlands

(Application No. 12889/87);

Whereas on 28 January 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 his application the applicant complained inter

alia, that the prolongation of his detention in a psychiatric

hospital had not been decided within the time limit prescribed

by Dutch law;

Whereas the Commission declared the application admissible

on 10 July 1989 and in its report adopted on 6 December 1990

expressed unanimously the opinion that there had been in this

case a violation of Article 5, paragraph 1 (art. 5-1), of the

Convention but not of Article 5, paragraphs 4 and 5 (art. 5-4,

art. 5-5), and by sixteen votes to two that there had been no

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

Convention;

Agreeing with the opinion expressed by the Commission in

accordance with Article 31, paragraph 1 (art. 31-1), of the

Convention;

Having examined the proposals made by the Commission when

transmitting its report concerning just satisfaction for the

applicant, proposals supplemented by a letter of the President

of the Commission dated 12 September 1991,

Decides, having voted in accordance with the provisions of

Article 32, paragraph 1 (art. 32-1), of the Convention, that

there has been a violation of Article 5, paragraph 1 (art. 5-1),

of the Convention in this case but no violation of Article 5,

paragraphs 4 and 5 (art. 5-4, art. 5-5), and no violation of

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

Recommends, under Rule 5 of the Rules adopted by the

Committee of Ministers for the application of Article 32

(art. 32) of the Convention, that the Government of the

Netherlands pay to the applicant the sum of 1 900 guilders for

non material damage and the sum of 3 087,30 guilders for costs

and expenses;

Decides, therefore, that no further action is called for in

this case.

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