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BEN YAACOUB CASE

Doc ref: 9976/82 • ECHR ID: 001-55455

Document date: September 29, 1988

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BEN YAACOUB CASE

Doc ref: 9976/82 • ECHR ID: 001-55455

Document date: September 29, 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 judgment of the European Court of Human Rights in

the Ben Yaacoub case, delivered on 27 November 1987 and transmitted

the same day 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 30 June 1982 under Article 25 (art. 25) of the convention by

Mr Borhane Ben Yaacoub, a Tunisian citizen, who alleged 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;

Recalling that the Commission declared the application admissible

on 4 May 1983 and in its report adopted on 7 May 1985 expressed the

opinion, by six votes to four, that the applicant's case had not been

heard by an "impartial tribunal" within the meaning of Article 6,

paragraph 1 (art. 6-1), of the convention and that there had been,

therefore, a breach of that provision;

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

on 11 July 1985;

Whereas in its judgment of 27 November 1987 the Court, having taken

formal note of a friendly settlement reached by the Government of

Belgium and the applicant and having satisfied itself that there were

no reasons of public policy (ordre public) necessitating the

continuation of the proceedings, decided unanimously to strike the

case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed

that:

- the Belgian Government would lift, with effect from 30 August 1992,

the effects of an expulsion order made against Mr Ben Yaacoub;

- prior to that date, any request for safe-conduct enabling him to

enter Belgium would be examined, provided that it was based on valid

reasons and was supported by appropriate evidence;

- the Government would pay to the applicant 100 000 Belgian francs by

way of agreed damages;

- the costs and fees occasioned by both the appeal on points of law

and the proceedings before the convention institutions would be

refunded in the amount of 200 000 Belgian francs;

Recalling that Rule 48, paragraph 3, of the Court's Rules provides

that the striking out of a case shall be effected by means of a

judgment which the President shall forward to the Committee of

Ministers in order to allow it to supervise, in accordance with

Article 54 (art. 54) of the convention, the execution of any

undertakings which may have been attached to the discontinuance or

solution of the matter;

Having invited the Government of Belgium to inform it of the measures

taken so far for the execution of the undertakings attached to the

solution of the case;

Whereas, during the examination of the case by the Committee of

Ministers, the Government of Belgium gave the Committee information

about the measures taken, which information appears in the appendix to

this resolution;

Having satisfied itself that the Government of Belgium has paid the

applicant the sums provided for in the friendly settlement;

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

Government of Belgium, that it has provisionally exercised its

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

Decides to resume consideration of this case at its first meeting

after 30 August 1992, or earlier if appropriate.

Appendix to Interim Resolution DH (88) 13

Information provided by the Government of Belgium

during the examination of the Ben Yaacoub case

before the Committee of Ministers

In accordance with the friendly settlement reached in this case, the

Government of Belgium paid to the applicant, on 4 July 1988,

100 000 Belgian francs by way of agreed damages and 200 000 Belgian

francs in respect of costs and fees.

The Belgian Government undertakes to notify the Committee of Ministers

of the date on which the effects of the expulsion order against

Mr Ben Yaacoub are lifted. Prior to that date, it undertakes to

examine any request for safe-conduct enabling Mr Ben Yaacoub to enter

Belgium, provided that it is based on valid reasons and is supported

by appropriate evidence.

In the light of the above, the Belgian Government considers that it

has provisionally complied with its obligations under Article 53

(art. 53) of the European Convention on Human Rights.

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