Auszug aus EGMR, 06.10.2005 - 14683/03

For the determination of the appeal are also of relevance the rulings of the European Court of Human Rights of 4 February 2003 [Lorsé and Others v. the Netherlands and Van der Ven v. the Netherlands] (nos. 52750/99 and 50901/99).

An overview of the relevant domestic law and practice is given in the Court's judgment of 4 February 2003 in the case of Van der Ven v. the Netherlands (no. 50901/99, §§ 26-35, ECHR 2003-II).

The findings of the CPT with regard to the EBI, as set out in its Report on the visit to the Netherlands from 17 to 27 November 1997, as well as the Netherlands Government's response to these findings are set out in the Court's judgment of 4 February 2003 in the case of Van der Ven v. the Netherlands (no. 50901/99, §§ 32-35, ECHR 2003-II).

(Van der Ven v. the Netherlands, Application no. 50901/99, ECtHR 4 February 2002, § 63; see also Lorsé et al v. the Netherlands, Application no. 52750/99, ECtHR 4 February 2002, § 74).

The Court reiterates the general considerations as set out in its judgments in the similar cases of Van der Ven v. the Netherlands (no. 50901/99, §§ 46-53, ECHR 2003-II) and Lorsé and Others v. the Netherlands (no. 52750/99, §§ 58-65, 4 February 2003) and its findings in these cases.

Auszug aus EGMR, 06.10.2005 - 14683/03

For the determination of the appeal are also of relevance the rulings of the European Court of Human Rights of 4 February 2003 [Lorsé and Others v. the Netherlands and Van der Ven v. the Netherlands] (nos. 52750/99 and 50901/99).

As regards the weekly strip-searches after the cell inspection it was held [in the case of Lorsé and Others] (no. 52750/99):.

On 1 March 2003, in view of the Court's findings in its judgments of 4 February 2003 in the cases of Van der Ven v. the Netherlands (cited above) and Lorsé and Others v. the Netherlands (no. 52750/99), the EBI house rules (huisregels) were amended in that the practice of weekly routine strip-searches accompanying the weekly cell inspections was abandoned.

(Van der Ven v. the Netherlands, Application no. 50901/99, ECtHR 4 February 2002, § 63; see also Lorsé et al v. the Netherlands, Application no. 52750/99, ECtHR 4 February 2002, § 74).

The Court reiterates the general considerations as set out in its judgments in the similar cases of Van der Ven v. the Netherlands (no. 50901/99, §§ 46-53, ECHR 2003-II) and Lorsé and Others v. the Netherlands (no. 52750/99, §§ 58-65, 4 February 2003) and its findings in these cases.

Auszug aus EGMR, 06.10.2005 - 14683/03

The Court reiterates that an applicant is deprived of his or her status of victim if the national authorities have acknowledged, either expressly or in substance, and then afforded redress for, the breach of the Convention (see Dalban v. Romania [GC], no. 28114/95, § 44, ECHR 1999-VI, and Constantinescu v. Romania, no. 28871/95, § 40, ECHR 2000-VIII).

Auszug aus EGMR, 06.10.2005 - 14683/03

The Court reiterates that an applicant is deprived of his or her status of victim if the national authorities have acknowledged, either expressly or in substance, and then afforded redress for, the breach of the Convention (see Dalban v. Romania [GC], no. 28114/95, § 44, ECHR 1999-VI, and Constantinescu v. Romania, no. 28871/95, § 40, ECHR 2000-VIII).