ENGEL AND OTHERS v. THE NETHERLANDS - 5100/71

The European Court of Human Rights, taking its decision in plenary session in application of Rule 48 of the Rules of Court and composed of the following Judges:

Delivers the following judgment, adopted on the last-mentioned date, on the application in the present case of Article 50 (art. 50) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"):

On 8 June 1976 the Court, while rejecting the applicants’ other complaints, found

- that the whole period of Mr. Engel’s provisional strict arrest from 20 to 22 March 1971 had violated Article 5 para. 1 (art. 5-1) of the Convention since no justification for it was to be found in any sub-paragraph of this provision (item 4 of the operative provisions and paragraph 69 of the reasons, Series A no. 22, pp. 45 and 28-29);

- that apart from that it had infringed Article 5 para. 1 (art. 5-1) insofar as it had exceeded the period of twenty-four hours stipulated by Article 45 of the Netherlands Military Discipline Act of 27 April 1903 (item 5 of the operative provisions and paragraph 69 of the reasons, ibid., pp. 45 and 29);