CASE OF ALBERT AND LE COMPTE
Doc ref: 7299/75;7496/76 • ECHR ID: 001-55431
Document date: June 28, 1985
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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 judgments of the European Court of Human Rights
in the Albert and Le Compte case, delivered on 10 February 1983 and
24 October 1983, and transmitted the same days to the Committee of
Ministers;
Recalling that the case had its origin in two applications against
Belgium lodged with the European Commission of Human Rights under
Article 25 (art. 25) of the convention by two Belgian citizens,
Mr Alfred Albert and Mr Herman Le Compte, alleging that they had
not been given a fair and public hearing within a reasonable time by
an independent and impartial tribunal established by law, in breach of
Article 6, paragraph 1 (art. 6-1), of the convention, Mr Albert
further asserting that he had not received the benefit of the
guarantees of Article 6, paragraphs 2 and 3.a, b and d (art. 6-2,
(art. 6-3-a, art. 6-3-b, art. 6-3-d), and Mr Le Compte contending that
the striking of his name from the register of the "Ordre des médecins"
was an inhuman or degrading punishment in breach of Article 3 (art. 3)
and that the obligation to join the "Ordre" and submit to its
disciplinary organs violated Article 11 (art. 11), taken on its own
or in conjunction with Article 17 (art. 17+11);
Recalling that the case had been brought before the Court by the
European Commission of Human Rights;
Whereas, in its judgment of 10 February 1983, the Court:
- Holds unanimously that there has been no breach of Article 3
(art. 3) of the convention with respect to Dr Le Compte;
- Holds, by sixteen votes to four, that Article 6, paragraph 1
(art. 6-1), was applicable to the hearing of the case (in French:
"cause") of each of the applicants;
- Holds, by sixteen votes to four, that there has been a breach of
Article 6, paragraph 1 (art. 6-1), in that the applicants' cases (in
French: "causes") were not heard publicly by the Appeals Council and
that the latter did not pronounce its judgment publicly;
- Holds unanimously that there has been no breach of Article 6
(art. 6) as regards the applicants' other complaints, and no breach of
Article 11 (art. 11) with respect to Dr Le Compte;
- Holds unanimously that the question of the application of
Article 50 (art. 50) is not yet ready for decision;
Whereas in its judgment of 24 October 1983, the Court unanimously:
- Holds that the Kingdom of Belgium is to pay to Dr Le Compte
seventy-seven thousand Belgian francs (77 000 BF) in respect of costs
and expenses;
- Rejects the remainder of the claims for just satisfaction;
Having regard to the "Rules 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 the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Belgium informed the Committee of
Ministers of the measures taken in consequence of the judgments, which
information is summarised in the appendix to this resolution;
Having satisfied itself that the Government of Belgium has awarded the
just satisfaction provided for in the judgment of the Court of
24 October 1983,
Declares, after taking note of the information supplied by the
Government of Belgium, that it has exercised its function under
Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (85) 14
Information provided by the Government of Belgium
during the examination of the Albert and Le Compte case
before the Committee of Ministers
Following the judgment of the Court of 10 February 1983, a law
concerning the public conduct of disciplinary proceedings before the
Appeals Boards of the Order of Physicians and the Order of Pharmacists
was adopted on 13 March 1985.
A copy of the text of this law has been transmitted to the Directorate
of Human Rights of the Council of Europe.
Following the judgment of the Court of 24 October 1983, the sum
awarded by the Court to Dr Le Compte for his costs and expenses, in
application of Article 50 (art. 50) of the convention, has been paid.