CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 15 mai 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 Koster case delivered on 28 November 1991 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against the Netherlands lodged with the European Commission of Human Rights on 31 March 1987 under Article 25 (art. 25) of the Convention by Mr Jacobus Petrus Koster, a Dutch national, who complained that he had not been brought promptly before the military court when as a conscript he was placed in detention on remand during military manoeuvres;        Recalling that the case was brought before the Court by the Commission on 12 November 1990;        Whereas in its judgment of 28 November 1991 the Court unanimously:        - held that there had been a violation of paragraph 3 of Article 5 (art. 5-3);        - held that the Netherlands were to pay to the applicant, within three months, 11 626   guilders, less 9,382.50 French francs in respect of costs and expenses;        - dismissed 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 the Netherlands to inform it of the measures which had been taken in consequence of the judgment of 28 November 1991, 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 the Netherlands 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 the Netherlands has paid the applicant the sum provided for in the judgment,        Declares, after having taken note of the information supplied by the Government of the Netherlands, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (92) 20     Information provided by the Government of the Netherlands           during the examination of the Koster case                before the Committee of Ministers        The directive of 21 March 1983 governing the bringing before a judicial authority of military personnel in custody, laid down, inter alia, as a consequence of the Court's judgment in the case of De Jong, Baljet and Van den Brink (see Resolution DH (84) 7 of 7 December 1984), provides that the accused must appear before the military court within four days of his arrest.   In the present case, this time-limit was exceeded by one day because of exceptional circumstances.   The Government of the Netherlands will take the necessary measures to ensure compliance with the directive of 21 March 1983 in cases similar to the Koster case.        The sum awarded to the applicant by the Court was paid on 24 February 1992.