CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 13 décembre 1991

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       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 on 24 April 1987 by Mr. Robbert Smiet against the Netherlands (Application No. 12889/87);        Whereas on 28 January 1991 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 has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 (art. 48) of the Convention;        Whereas in his application the applicant complained inter alia, that the prolongation of his detention in a psychiatric hospital had not been decided within the time limit prescribed by Dutch law;        Whereas the Commission declared the application admissible on 10 July 1989 and in its report adopted on 6 December 1990 expressed unanimously the opinion that there had been in this case a violation of Article 5, paragraph 1 (art. 5-1), of the Convention but not of Article 5, paragraphs 4 and 5 (art. 5-4, art. 5-5), and by sixteen votes to two that there had been no violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1 (art. 31-1), of the Convention;        Having examined the proposals made by the Commission when transmitting its report concerning just satisfaction for the applicant, proposals supplemented by a letter of the President of the Commission dated 12 September 1991,        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 5, paragraph 1 (art. 5-1), of the Convention in this case but no violation of Article 5, paragraphs 4 and 5 (art. 5-4, art. 5-5), and no violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        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 the Netherlands pay to the applicant the sum of 1 900 guilders for non material damage and the sum of 3 087,30 guilders for costs and expenses;        Decides, therefore, that no further action is called for in this case.