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DE CUBBER CASE

Doc ref: 9186/80 • ECHR ID: 001-55461

Document date: December 9, 1988

Inbound citations: 4
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Cited paragraphs: 0
•
Outbound citations: 0

DE CUBBER CASE

Doc ref: 9186/80 • ECHR ID: 001-55461

Document date: December 9, 1988

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 judgments of the European Court of Human Rights

in the De Cubber case, delivered on 26 October 1984 and

14 September 1987 and transmitted the same days to the Committee of

Ministers;

Recalling that the case originated in an application against the

Kingdom of Belgium lodged with the European Commission of Human Rights

on 10 October 1980 under Article 25 (art. 25) of the convention by

Mr Albert De Cubber, a Belgian citizen, who alleged inter alia that

criminal charges against him had not been heard by an impartial

tribunal within the meaning of Article 6, paragraph 1 (art. 6-1), of

the convention, one of the judges of the tribunal in question having

previously acted as investigating judge in the same case;

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

on 12 October 1983;

Whereas in its judgment of 26 October 1984 the Court unanimously held:

- that there had been a breach of Article 6, paragraph 1 (art. 6-1);

- that the question of the application of Article 50 (art. 50) of the

convention was not ready for decision;

Whereas in its judgment of 14 September 1987 the Court unanimously:

- held that the Kingdom of Belgium was to pay to the applicant

100 000 Belgian francs for damage and to reimburse him 178 221 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 judgments, having regard to

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

by them;

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 judgments, which

information appears in the appendix to this resolution;

Having satisfied itself that the Government of Belgium has paid to the

applicant the sums provided for in the judgment of 14 September 1987,

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 (88) 20

Information provided by the Government of Belgium

during the examination of the De Cubber case

before the Committee of Ministers

As a result of a change in the case-law of the Cour de Cassation of

Belgium, which dates from a decision of 23 January 1985 (Lomry and

Marchal, Pasicrisie Belge, 1985, I, No. 302) and has subsequently been

confirmed in several other decisions, cases such as the one which was

the subject of the De Cubber judgment can no longer arise. The Cour

de Cassation has in fact accepted the interpretation of Article 6,

paragraph 1 (art. 6-1), of the convention given by the European Court

of Human Rights in the De Cubber case.

The sums of 100 000 Belgian francs for damage and 178 221 Belgian

francs for costs and expenses were paid to the applicant's lawyer on

5 October 1987.

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