Communication No. 305/1988
Submitted by: Hugo van Alphen
Date of communication: 12 April 1988
Alleged victim: The author
State party: The Netherlands
Date of adoption of Views: 23 July 1990 (thirty-ninth session)
had been a violation of article 9, paragraph 1, of
the Covenant. It further believed that the
statutory rules in force furnished sufficient
guarantees that its obligations under article 9
would be fulfilled in the future, as in the past.
However, out of respect for the Committee, and
taking into account all relevant circumstances,
the Government was prepared to make an ex
gratia payment of 5,000 Netherlands guilders to
Mr. van Alphen.
Response, dated 15 May 1991, of the
Government of the Netherlands to the
Committee’s Views*
In a submission dated 15 May 1991, the
State party informed the Committee that the
Netherlands statutory regulations on pre-trial
detention did not constitute a violation of article
9 of the Covenant. In particular, they did not
breach the prohibition of arbitrariness contained
therein. The Government of the Netherlands was
unable to share the Committee’s view that there
___________
*For the Committee’s Views, see Selected
Decisions, vol. 3, p. 170.
_______________
Communication No. 336/1988
Submitted by : Nicole Fillastre (victim’s wife)
Date of communication: 27 September 1988
Alleged victims: Andre Fillastre and Pierre Bizouarn
State party: Bolivia
Date of adoption of Views: 5 November 1991 (forty-third session)
claim for compensation. The State party
indicated that its domestic legislation governing
bail had been changed in order to comply
with the Committee’s finding on article 9,
paragraph 2, of the Covenant. In addition, the
judicial system was being reformed in order to
comply with article 9, paragraph 3, of the
Covenant.
Response, dated 23 April 1997, of the
Government of Bolivia to the Committee’s
Views*
In its submission dated 23 April 1997,
the State party informed the Committee that
the authors of the communication had been
released from detention on 3 June 1993 and had
immediately left the country without filing any
_________
* For the Committee’s Views, see this volume,
supra, p. 96.
_______________
131
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