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D. AGAINST BELGIUM

Doc ref: 11082/84 • ECHR ID: 001-49307

Document date: February 13, 1991

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D. AGAINST BELGIUM

Doc ref: 11082/84 • ECHR ID: 001-49307

Document date: February 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

5 May l984 by D. against Belgium (Application No. ll082/84);

Whereas on 26 April l988 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 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 it was impossible for him to take proceedings

satisfying the requirements of Article 5, paragraph 4 (art. 5-4),

of the Convention vis-à-vis periods of detention decided upon

under Section 25 of the Social Protection in respect of Mental

Defectives and Habitual Offenders Act of l July l964;

Whereas the Commission declared the application admissible

on 5 December 1985 as regards the above-mentioned complaint and

in its report adopted on 4 March l988 expressed unanimously the

opinion that there had been a violation of Article 5,

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

Agreeing with the opinion expressed by the Commission in

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

Convention;

Whereas, during the examination of the case, the Committee

of Ministers was informed by the Government of Belgium that an

act promulgated on l7 July l990 and published on 9 August l990

amended Articles 25 and 26 of the Social Protection in respect

of Mental Defectives and Habitual Offenders Act of l July l964;

Article 25 has in particular been modified as follows:

- According to Article 25 ter of the Act of l7 July l990, a

recidivist or habitual offender placed at the Government's

disposal and detained by virtue of a reasoned decision of the

Minister of Justice can apply against the decision before the

chambre du conseil of the court which has decided his

placement at the Government's disposal. The chambre du

conseil verifies whether the Minister's decision is lawful and

orders the release of the person concerned if it is not.

- Under Article 25 quater, after one year of deprivation of

liberty ordered by the Minister according to Article 25 bis,

the recidivist or habitual offender may apply to the Minister

of Justice in order to request his release. This request may

be renewed every year. The decision of the Minister to refuse

the request can be appealed against before a court following

the procedure provided for in Article 25 ter of the Act;

Having examined the proposals made by the Commission

concerning just satisfaction for the applicant,

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 4 (art. 5-4),

of the Convention in this case;

Takes note of the information provided by the Government of

Belgium;

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 Belgium pay

to the applicant the sum of 50 000 Belgian francs in respect of

non-pecuniary damage and the sum of 80 000 Belgian francs for

costs and expenses;

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

this case.

LEXI

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