O v. the Netherlands



AS TO THE ADMISSIBILITY OF

Application No. 12424/86

by O.

against the Netherlands

The European Commission of Human Rights sitting in private

on 7 May 1988, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

J. CAMPINOS

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 26 September

1986 by O. against the Netherlands and registered on 29 September 1986

under file No. 12424/86;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having regard to the Commission's decision of 17 October 1986

that no indication be given under Rule 36 of the Commission's Rules of

Procedure;

Having deliberated;

Decides as follows;

12424/86

The applicant is a Dutch citizen, born in 1934 in Gorinchem,

the Netherlands. His last profession was physician. He is

represented in the proceedings before the Commission by

Mr. C.F. Korvinus, a lawyer practising in Amsterdam, the Netherlands.

On 23 December 1974 the applicant was convicted of manslaughter

by the Court of Appeal (Gerechtshof) of 's-Hertogenbosch and sentenced

to ten years' imprisonment and subsequent placement at the Government's

disposal for psychiatric treatment.

After having served six years and eight months of his

prison sentence, the applicant was conditionally released and his

placement at the Government's disposal began. He was detained in

the "Dr. S. Mesdag Clinic" in Groningen, the Netherlands. Every two

years his placement was renewed until, on 29 February 1988, the Court

of Appeal of 's-Hertogenbosch denied the renewal request, thereby

releasing the applicant.

The applicant complained that an indefinite placement in a

psychiatric clinic amounted to inhuman treatment, in which regard he

invoked Article 3 of the Convention. Furthermore he alleged that the

two-yearly renewal procedures were in violation of Article 5 of the

Convention.

By letter of 17 March 1988 the applicant's lawyer informed the

Commission of the applicant's release. He stated that the object of

the application had now been achieved and the applicant wished to

withdraw it.

The Commission notes that the applicant does not wish to

pursue his application and considers that there are no reasons of a

general character affecting the observance of the Convention which

necessitate the further retention of this case.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)