Search
document

Document text Analytics

WINTERWERP CASE

Doc ref: 6301/73 • ECHR ID: 001-55410

Document date: June 24, 1982

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

WINTERWERP CASE

Doc ref: 6301/73 • ECHR ID: 001-55410

Document date: June 24, 1982

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 Winterwerp case, delivered on 24 October 1979 and transmitted the

same day to the Committee of Ministers;

Recalling that the case had its origins in an application against the

Netherlands lodged with the European Commission of Human Rights under

Article 25 (art. 25) of the Convention by a Netherlands national,

Mr Frits Winterwerp, complaining that he was being arbitrarily

deprived of his liberty, that he had not been allowed a hearing by a

court and that he had not been informed of the decisions by which his

confinement was several times prolonged;

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

Government of the Netherlands and by the European Commission of Human

Rights;

Whereas in its judgment of 24 October 1979 the Court unanimously

- holds that there has been no breach of Article 5, paragraph 1

(art. 5-1);

- holds that there has been breach of Article 5, paragraph 4

(art. 5-4);

- holds that it has jurisdiction to rule on the complaint under

Article 6, paragraph 1 (art. 6-1);

- holds that there has been breach of Article 6, paragraph 1

(art. 6-1);

- holds that the question of the application of Article 50

(art. 50) is not ready for decision;

Whereas in its judgment of 27 November 1982, the Court, having been

informed of the terms of the friendly settlement reached between the

Government and the applicant in respect of the latter's claims under

Article 50 (art. 50) of the Convention, decided unanimously to strike

the case off its list;

Having regard to the "Rules concerning the application of Article 54

(art. 54) of the Convention";

Having invited the Government of the Netherlands to inform it of the

measures which had been taken in consequence of the judgment, having

regard to 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 the Netherlands informed the Committee of

Ministers of the measures taken in consequence of the judgment, which

information is summarised at the appendix to this resolution,

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

Government of the Netherlands, that it has exercised its function

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (82) 2

Information provided by the Government of the Netherlands during

the examination of the Winterwerp case before the Committee of

Ministers

As a consequence of the judgment of the European Court of Human Rights

dated October 24 1979, the Netherlands Government has taken the

following measures:

A. With respect to Article 5, paragraph 4 (art. 5-4), of the Convention

1. On 5 February 1980, the Government introduced in the Second

Chamber of Parliament a revised bill No. 11270 on "special admissions

to psychiatric hospitals". Provisions have been included in the bill

to the effect that in all cases of involuntary admission to

psychiatric hospitals, prolongation of the admission or requests for

dismissal, the patient has the right to be heard by a court.

The written procedure in the Second Chamber is now finished and the

oral debate is expected around June.

2. On 16 April 1980, the Minister for Justice issued a circular

letter to the public prosecutors explaining the proposed modification

of legislation in this respect and instructing the public prosecutors

to request the courts to hear the patient in all cases mentioned

sub 1, in anticipation of the entry into force of the new legislation.

B. With respect to Article 6, paragraph 1 (art. 6-1), of the Convention

1. In the Court's judgment of 24 October 1979 the Court held that

Article 32 of the Mentally Ill Persons Act (automatic loss of the

patient's administration of his property as a result of his

involuntary admission to a psychiatric hospital) contravened

Article 6, paragraph 1 (art. 6-1), of the Convention. In the new bill

No. 11270, this Article 32 has been deleted.

2. In anticipation of the entry into force of this new legislation,

the Minister of Justice has sent a circular letter to the public

prosecutors instructing them to request a court's decision on whether

or not a patient, in all cases of involuntarily admission to a

psychiatric hospital, does not lose the administration of his

property.

LEXI

Lexploria AI Legal Assistant