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BERREHAB CASE

Doc ref: 10730/84 • ECHR ID: 001-55470

Document date: April 27, 1989

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BERREHAB CASE

Doc ref: 10730/84 • ECHR ID: 001-55470

Document date: April 27, 1989

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 Berrehab case, delivered on 21 June 1988 and transmitted the same

day to the Committee of Ministers;

Recalling that the case originated in an application against the

Kingdom of the Netherlands lodged with the European Commission of

Human Rights on 14 November 1983 under Article 25 (art. 25) of the

Convention inter alios by Mr Abdellah Berrehab, a Moroccan national,

and his daughter Rebecca Berrehab, a Netherlands national, who

complained of the refusal by the Dutch authorities to grant

Mr Berrehab a new residence permit after his divorce from his wife, a

Netherlands national, and of his resulting deportation from the

Netherlands on 5 January 1984, the applicants alleging a violation of

Articles 3 and 8 (art. 3, art. 8) of the convention;

Recalling that the case was brought before the Court by the Commission

on 13 March 1987 and by the Netherlands Government on 10 April 1987;

Whereas in its judgment of 21 June 1988 the Court:

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

Article 8 (art. 8);

- held unanimously that there had been no violation of Article 3

(art. 3);

- held unanimously that the Netherlands was to pay to the applicants

20 000 Dutch guilders by way of just satisfaction;

- rejected 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, 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 the Netherlands 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 the Netherlands has

paid to the applicants the sum provided for in the judgment,

Declares, after having taken note of the information supplied by the

Government of the Netherlands, that it has exercised its functions

under Article 54 (art. 54) of the convention in this case.

Appendix to Resolution DH (89) 13

Information provided by the Government of the Netherlands during the

examination of the Berrehab case before the Committee of Ministers

The Netherlands Government has formally taken note of the Court's

judgment of 21 June 1988. Dutch immigration policy shall henceforth

be applied in such a manner as to avoid violations of the convention

of the kind found in the Berrehab case.

The sum provided for in the Court's judgment has been paid to the

applicants.

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