CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 10 novembre 1992

.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 Ben Yaacoub case, delivered on 27 November 1987 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against the Kingdom of Belgium lodged with the European Commission of Human Rights on 30 June 1982 under Article 25 (art. 25) of the Convention by Mr Borhane Ben Yaacoub, a Tunisian citizen, who alleged that criminal charges against him had not been heard by an "impartial tribunal" within the meaning of Article 6, paragraph 1 (art. 6-1), of the Convention;        Recalling that the Commission declared the application admissible on 4 May 1983 and in its report adopted on 7 May 1985 expressed the opinion, by six votes to four, that the applicant's case had not been heard by an "impartial tribunal" within the meaning of Article 6, paragraph 1 (art. 6-1), of the Convention and that there had been, therefore, a breach of that provision;        Recalling that the case was brought before the Court by the Commission on 11 July 1985;        Whereas in its judgment of 27 November 1987 the Court, having taken formal note of a friendly settlement reached by the Government of Belgium and the applicant and having satisfied itself that there were no reasons of public policy (ordre public) necessitating the continuation of the proceedings, decided unanimously to strike the case out of its list;        Whereas under the above-mentioned friendly settlement it was agreed that:   -     the Belgian Government would lift, with effect from      30 August 1992, the effects of an expulsion order made      against Mr Ben Yaacoub;   -     prior to that date, any request for safe-conduct      enabling him to enter Belgium would be examined,      provided that it was based on valid reasons and was      supported by appropriate evidence;   -     the Government would pay to the applicant 100 000      Belgian francs by way of agreed damages;   -     the costs and fees occasioned by both the appeal on      points of law and the proceedings before the      Convention institutions would be refunded in the      amount of 200 000 Belgian francs;        Recalling that Rule 48, paragraph 3, of the Court's Rules provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;        Having invited the Government of Belgium to inform it of the measures taken for the execution of the undertakings attached to the solution of the case;        Recalling that, after having taken note of the information supplied by the Government of Belgium, the Committee of Ministers adopted, on 29 September 1988, interim Resolution DH(88)13 on this case;        Having been informed by the Government of Belgium that in accordance with the terms of the friendly settlement concluded in 1987, the expulsion order against the applicant was lifted on 30 August 1992,        Declares, after having taken note of the supplementary information supplied by the Government of Belgium, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.