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You are here: BAILII >> Databases >> European Court of Human Rights >> BOUAMAR v. BELGIUM (ARTICLE 50) - 9106/80 [1988] ECHR 16 (27 June 1988) URL: http://www.bailii.org/eu/cases/ECHR/1988/16.html Cite as: [1988] ECHR 16 |
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In the Bouamar case*,
_______________
* Note by the Registrar: The case is numbered 22/1986/120/169. The
second figure indicates the year in which the case was referred to the
Court and the first figure its place on the list of cases referred in
that year; the last two figures indicate, respectively, the case's
order on the list of cases and of originating applications (to the
Commission) referred to the Court since its creation.
_______________
The European Court of Human Rights, sitting, in accordance with
Article 43 (art. 43) of the Convention for the Protection of Human
Rights and Fundamental Freedoms ("the Convention") and the relevant
provisions of the Rules of Court, as a Chamber composed of the
following judges:
Mr. R. Ryssdal, President,
Mr. Thór Vilhjálmsson,
Mr. B. Walsh,
Sir Vincent Evans,
Mr. R. Macdonald,
Mr. C. Russo,
Mr. J. De Meyer,
and also of Mr. M.-A. Eissen, Registrar,
Having deliberated in private on 23 June 1988,
Delivers the following judgment, which was adopted on that date:
PROCEDURE AND FACTS
1. The case was referred to the Court by the European Commission
of Human Rights ("the Commission") on 16 October 1986. It originated
in an application (no. 9106/80) against the Kingdom of Belgium lodged
with the Commission by Mr. Naïm Bouamar, a Moroccan national, in
1980.
2. In a judgment of 29 February 1988, the Court held that the
applicant's successive placements in a remand prison, by way of
interim custody measure, amounted to unlawful detention under
Article 5 § 1 (art. 5-1) and that he had not been able to take any
proceedings satisfying the requirements of Article 5 § 4 (art. 5-4) in
order to challenge their lawfulness; on the other hand, the Court
concluded that there had been no breach of Article 14 taken together
with Article 5 (art. 14+5) and that it was not necessary to examine
the case under Article 13 (art. 13) (Series A no. 129,
paragraphs 41-67 of the reasons and points 1 to 4 of the operative
provisions).
The only outstanding matter to be settled is the question of the
application of Article 50 (art. 50). As to the facts of the case,
reference is made to paragraphs 7-38 of the aforementioned judgment.
3. The applicant sought compensation in the amount of
150,000 Belgian francs (BF) in respect of damage allegedly suffered
by him.
At the hearing on 22 September 1987, the main submission of the
Belgian Government ("the Government") was that the Act of
20 April 1874 on detention pending trial, as amended by the Act of
13 March 1973, allowed full reparation to be made, if appropriate, for
the consequences of the disputed measures; section 27 thereof confers
on "any person who has been deprived of his liberty in circumstances
incompatible with ... Article 5 (art. 5) of the Convention" "a right
to compensation", to be asserted "before the ordinary courts".
4. As the question of the application of Article 50 (art. 50)
was therefore not ready for decision, the Court, in its judgment of
29 February 1988, reserved it and invited the Government to submit
their written comments within two months of the date thereof and, in
particular, to notify the Court of any agreement reached between
themselves and the applicant (paragraph 70 of the reasons and point 5
of the operative provisions).
On 30 April 1988, the President extended the above-mentioned
time-limit.
5. By a message received on 1 June 1988, the Government informed
the Registrar that they agreed to pay to Mr. Naïm Bouamar the sum of
150,000 BF; at the same time they produced copies of two letters
which they had sent to the two counsel for the applicant on
30 May 1988. They read as follows:
"I am directed to advise you that the Belgian Government, in the
context of the application of Article 50 (art. 50) of the European
Convention on Human Rights, agree to pay to the applicant the sum of
150,000 BF.
I would be grateful if you would let me know the number of the account
into which this amount is to be paid. I draw your attention to the
fact that the administrative formalities leading to the payment of
such sums take about three months. ..."
6. On 2 June, one of the counsel for the applicant wrote to the
Registrar in the following terms:
"...
I confirm that my client agrees with the payment to him of the sum of
150,000 BF, under Article 50 (art. 50) of the Convention.
..."
7. The Commission's Delegate, when consulted, made it known on
9 June 1988 that he had no objections.
AS TO THE LAW
8. Article 50 (art. 50) of the Convention provides as follows:
"If the Court finds that a decision or a measure taken by a legal
authority or any other authority of a High Contracting Party is
completely or partially in conflict with the obligations arising from
the ... Convention, and if the internal law of the said Party allows
only partial reparation to be made for the consequences of this
decision or measure, the decision of the Court shall, if necessary,
afford just satisfaction to the injured party."
Since its judgment of 29 February 1988 on the main issues in this
case, the Court has been notified of a friendly settlement reached
between the Government and the applicant in respect of the latter's
claim under Article 50 (art. 50). Having regard to the nature of
the terms agreed and to the absence of objections by the Commission's
Delegate, the Court finds that the settlement reached is "equitable"
within the meaning of Rule 53 § 4 of the Rules of Court. Accordingly,
the Court takes formal note of the settlement and concludes that it is
appropriate to strike the case out of its list pursuant to that Rule.
FOR THESE REASONS, THE COURT UNANIMOUSLY
Decides to strike the case out of its list.
Done in English and in French, and notified in writing under
Rule 54 § 2, second sub-paragraph, of the Rules of Court on
27 June 1988.
Signed: Rolv RYSSDAL
President
Signed: Marc-André EISSEN
Registrar