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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents