CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 11 juin 1993

.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 Van der Leer case delivered on 21 February 1990 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 18 May 1984, under Article 25 (art. 25) of the Convention by Mrs Hendrika Wilhelmina van der Leer, a Dutch national, who complained that she had been confined in a psychiatric hospital without being heard or informed;        Recalling that the case was brought before the Court by the Commission on 13 September 1988;        Whereas in its judgment of 21 February 1990 the Court unanimously:        - held that there had been a violation of paragraphs 1, 2 and 4 of Article 5 (art. 5-1, art. 5-2, art. 5-4) of the Convention;        - held that it was not necessary to consider in addition the case under Article 6, paragraph 1 (art. 6-1);        - held that the Netherlands were to pay to the applicant 15 000 Dutch guilders;        - 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 21 February 1990, 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 sums 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 (93) 23     Information provided by the Government of the Netherlands        during the examination of the Van der Leer case                  by the Committee of Ministers        The Psychiatric Hospitals (Special Admissions) Act (Staatsblad 1992, No. 669) as amended by the law of 29 October 1992 (Staatsblad 1992, No. 670) has been published officially in Staatsblad 1992, No. 671.   Its entry into force is expected by 1 January 1994.        The following provisions of the law should ensure that the violations found by the Court (see also Resolution DH (82) 2 of 24 June 1982 relating to the Court's judgment of 24 October 1979 in the Winterwerp case) will not occur again: Sections 2, paragraph 4; 8, paragraph 1; 9, paragraph 2 under a; 49, paragraphs 1, 2, 5 and 9 in conjunction with Section 9, paragraph 1.        The sum awarded to the applicant for just satisfaction has been paid (receipt dated 1 May 1990).