BRICMONT CASE
Doc ref: 10857/84 • ECHR ID: 001-55495
Document date: November 16, 1990
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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
Bricmont case delivered on 7 July 1989 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 13 February 1984 under Article 25
(art. 25) of the Convention by Mr. Georges Bricmont and
Mrs. Louise Bricmont-Barré, Canadian nationals, who complained of the conduct of
criminal proceedings instituted against them and in particular of the failure to
arrange a confrontation between a member of the royal family, as party seeking
damages, and the applicants in respect of certain charges;
Recalling that the case was brought before the Court by the Commission
on 18 December 1987;
Whereas in its judgment of 7 July 1989 the Court:
- declared unanimously that the Government were estopped
from relying on the rule that domestic remedies must be exhausted;
- held by five votes to two that there had been a breach of Article 6 (art. 6)
as regards the failure to arrange a confrontation between the party seeking
civil damages and Mr Bricmont on three of the five charges on which he was
convicted;
- held unanimously that there had been no breach of
Article 6 (art. 6) as regards the failure to arrange a confrontation between
the party seeking damages and Mrs Bricmont;
- held by five votes to two that there had been no breach
of Article 6 (art. 6) as regards the failure to have the accounts audited;
- held unanimously that there had been no violation of
Article 6 (art. 6) in respect of any of the other points raised by the
applicants;
- held unanimously that Belgium was to pay Mr Bricmont the
sum of 274 335 Belgian francs and 95 centimes for costs and expenses;
- 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 Belgium to inform it of the measures which had
been taken in consequence of the judgment of 7 July 1989, having regard to its
obligation under Article 53 (art. 53) of the Convention to abide by it;
Having satisfied itself that the Government of Belgium has paid the applicant
the sum provided for in the judgment of 7 July 1989,
Declares that it has exercised its functions under Article 54 (art. 54) of the
Convention in this case.