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LAMY CASE

Doc ref: 10444/83 • ECHR ID: 001-55507

Document date: February 13, 1991

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

LAMY CASE

Doc ref: 10444/83 • ECHR ID: 001-55507

Document date: February 13, 1991

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 Lamy case delivered on 30 March l989 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

against Belgium lodged with the European Commission of Human

Rights on 20 June l983 under Article 25 (art. 25) of the

Convention by Mr José Lamy, a Belgian national, who complained

that he had had no access to the file of the investigating

authorities called upon to review his detention on remand;

Recalling that the case was brought before the Court by

the Commission on l8 December l987;

Whereas in its judgment of 30 March l989 the Court

unanimously:

- held that there had been a breach of Article 5,

paragraph 4 (art. 5-4), of the Convention;

- held that there had been no breach of Article 5,

paragraphs 2 and 3 (art. 5-2, art. 5-3);

- held that it was not necessary to examine the case under

Article 6, paragraph 3.b (art. 6-3-b);

- held that Belgium was to pay the applicant

l00 000 Belgian francs in respect of costs and expenses;

- rejected 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 Belgium to inform it of

the measures which had been taken in consequence of the judgment

of 30 March l989, 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 Belgium 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 Belgium

has paid the applicant the sum provided for in the judgment,

Declares, after having taken note of the information

supplied by the Government of Belgium, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH(91)8

Information provided by the Government of Belgium

during the examination of the Lamy case

before the Committee of Ministers

According to Article l8, paragraph 2, of the new Act on detention

on remand of 20 July l990, published on l4 August l990, the

accused will receive, when the arrest warrant is notified to him,

a copy of his first interview with the investigating judge and

of the other documents provided for in Article l6, paragraph 7,

of the act. Furthermore, when the chambre du conseil, after

expiration of the arrest warrant, is called upon under Article

2l to decide on the further remand in custody, Article 2l,

paragraph 3, provides that the file is placed at the disposal of

the accused and of his lawyer during the last working day

preceeding his appearance before the chambre du conseil.

The sum awarded by the Court has been paid to the applicant on

l3 June l989.

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