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PIERSACK CASE

Doc ref: 8692/79 • ECHR ID: 001-55429

Document date: May 31, 1985

Inbound citations: 2
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Cited paragraphs: 0
•
Outbound citations: 0

PIERSACK CASE

Doc ref: 8692/79 • ECHR ID: 001-55429

Document date: May 31, 1985

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 Piersack case delivered on 1 October 1982 and 26 October 1984

and transmitted the same days to the Committee of Ministers;

Recalling that the case had its origin in an application against

Belgium lodged with the European Commission of Human Rights under

Article 25 (art. 25) of the European Convention on Human Rights by a

Belgian citizen, Mr Christian Piersack, alleging violation of

Article 6, paragraph 1 (art. 6-1), of the convention because he had

not received a hearing by "an independent and impartial tribunal

established by law";

Recalling that this case had been brought before the Court by the

European Commission of Human Rights;

Whereas in its judgment of 1 October 1982 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1

(art. 6-1), of the convention;

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

was not ready for decision;

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

- held that the respondent state was to:

1. refrain from recovering, out of the court costs which the Belgian

Court of Cassation and the Hainaut Assize Court ordered the applicant

to bear on 21 February 1979 and 17 October 1983 respectively, a sum

totalling fifty-one thousand nine hundred and seventy-eight Belgian

Francs (BF 51 978 = BF 2 145 + BF 49 833);

2. pay to the applicant two hundred and seventy-five thousand Belgian

Francs (BF 275 000), less three thousand five hundred French Francs

(FF 3 500), in respect of lawyer's costs before the Belgian Court of

Cassation (BF 25 000), the Hainaut Assize Court (BF 150 000) and the

convention institutions (BF 100 000);

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, regarding its

obligations 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;

Having satisfied itself that the Government of Belgium has refrained

from recovering out of the court costs, the sum mentioned in the

Court's judgment of 26 October 1984 and has paid to the applicant the

sums in relation to Article 50 (art. 50) of the convention provided

for in the judgment of the Court of 26 October 1984,

Declares, after taking 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.

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