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 by Mr Leon Van Lierde against

Belgium (Application No. 8837/79);

Whereas on 3 September 1986 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 whithout the case being brought before the European Court of

Human Rights in pursuance of Article 48 (art. 48) of the convention;

Whereas in his application introduced on 13 December 1979 the

applicant alleged a breach of Article 6 (art. 6) of the convention,

complaining in particular that the disciplinary proceedings were not

public and that the Provincial Council and Appeals Council of the

Medical Association, which he described as special courts, were

biased, as well as breaches of Articles 7, 8 and 10 (art. 7, art. 8,

art. 10) of the convention;

Whereas the Commission declared the application admissible on

5 December 1984 in relation to the complaints that the disciplinary

proceedings were not public and, in its report adopted on 8 July 1986,

expressed the unanimous opinion that there had been a breach of

Article 6, paragraph 1 (art. 6-1), of the convention in that the

applicant's case was not heard publicly;

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 it accepted

the opinion of the Commission and that, following the judgments of the

European Court of Human Rights of 23 June 1981 in the case of

"Le Compte, Van Leuven and de Meyere" and of 10 February 1983 in the

case of "Albert and Le Compte", the Belgian Act of 13 March 1985 had

made the disciplinary proceedings in the Appeals Councils of the

Medical Association and Pharmaceutical Association comply with these

judgments of the Court by providing that hearings before these

councils would henceforth be held in public;

Having examined the proposals made by the Commission under Article 31,

paragraph 3 (art. 31-3), of the convention,

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 6, paragraph 1 (art. 6-1), of the convention in

this case in that the applicant's case was not heard publicly;

Takes note of the information supplied 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 for

the costs of the proceedings and of the defence the sum of one hundred

and twenty-five thousand (125 000) Belgian francs;

Decides, therefore, that no further action is called for in this case.