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WASSINK CASE

Doc ref: 12535/86 • ECHR ID: 001-55506

Document date: February 13, 1991

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WASSINK CASE

Doc ref: 12535/86 • ECHR ID: 001-55506

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 Wassink case delivered on 27 September l990

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 l7 October l986, under Article 25 (art. 25) of

the Convention by Mr Jan Wassink, a Dutch national, who

complained that his confinement in a psychiatric hospital had

been ordered after questionning of persons by telephone and

following a hearing held without a registrar;

Recalling that the case was brought before the Court by

the Commission on 8 September l989;

Whereas in its judgment of 27 September l990 the Court:

- held by six votes to one that there had been a violation

of paragraph l of Article 5 (art. 5-1);

- held by six votes to one that there had been no violation

of paragraph 4 of Article 5 (art. 5-4);

- held unanimously that there had been no violation of

paragraph 5 of Article 5 (art. 5-5);

- held unanimously that it was not necessary also to

examine the case under Article 6, paragraph l (art. 6-1);

- held unanimously that the Netherlands were to pay to the

applicant ll 897,40 Dutch guilders less 8 657,50 French francs

under Article 50 (art. 50);

- dismissed unanimously 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 27 September l990, having regard to its

obligation under Article 53 (art. 53) of the Convention to abide

by it;

Having satisfied itself that the Government of the

Netherlands has paid the applicant the sum provided for in the

judgment,

Declares that it has exercised its functions under

Article 54 (art. 54) of the Convention in this case.

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