CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 24 juin 1982

.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 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.