CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 13 février 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 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 Lamy case delivered on 30 March l989 and transmitted the same day to the Committee of Ministers;           Recalling that the case originated in an application against Belgium lodged with the European Commission of Human Rights on 20 June l983 under Article 25 (art. 25) of the Convention by Mr José Lamy, a Belgian national, who complained that he had had no access to the file of the investigating authorities called upon to review his detention on remand;           Recalling that the case was brought before the Court by the Commission on l8 December l987;           Whereas in its judgment of 30 March l989 the Court unanimously:         - held that there had been a breach of Article 5, paragraph 4 (art. 5-4), of the Convention;         - held that there had been no breach of Article 5, paragraphs 2 and 3 (art. 5-2, art. 5-3);         - held that it was not necessary to examine the case under Article 6, paragraph 3.b (art. 6-3-b);         - held that Belgium was to pay the applicant l00 000 Belgian francs in respect of costs and expenses;         - rejected the remainder of the claim for just satisfaction;           Having regard to the Rules adopted by the Committee of Ministers 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 judgment of 30 March l989, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;           Whereas, during the examination of the case by the Committee of Ministers, the Government of Belgium gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;           Having satisfied itself that the Government of Belgium has paid the applicant the sum provided for in the judgment,           Declares, after having taken 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.                   Appendix to Resolution DH(91)8          Information provided by the Government of Belgium             during the examination of the Lamy case                before the Committee of Ministers   According to Article l8, paragraph 2, of the new Act on detention on remand of 20 July l990, published on l4 August l990, the accused will receive, when the arrest warrant is notified to him, a copy of his first interview with the investigating judge and of the other documents provided for in Article l6, paragraph 7, of the act.   Furthermore, when the chambre du conseil, after expiration of the arrest warrant, is called upon under Article 2l to decide on the further remand in custody, Article 2l, paragraph 3, provides that the file is placed at the disposal of the accused and of his lawyer during the last working day preceeding his appearance before the chambre du conseil.   The sum awarded by the Court has been paid to the applicant on l3 June l989.