PROCEDURE

The case originated in an application (no. 42914/98) against the Kingdom of Belgium lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Belgian national, Mr Wim Capeau (“the applicant”), on 29 May 1998.

The applicant was represented by Mr N. van Overloop, a lawyer practising in Ghent. The Belgian Government (“the Government”) were represented by their Agent, Mr C. Debrulle, Director-General, Federal Justice Department.

The applicant complained of a violation of Articles 5 § 1 (c), 6 § 2 and 14 of the Convention, contending that the statutory requirement to establish his innocence by adducing factual evidence or submitting legal argument to that effect was incompatible with the presumption of innocence.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the First Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

By a decision of 6 April 2004, the Chamber declared the application partly admissible.

The Government filed observations on the merits of the case (Rule 59 § 1). The applicant did not submit any observations within the time allowed.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1967 and lives in Ghent.

On 29 March 1994 he was arrested in connection with an investigation concerning a case of arson committed on 25 May 1993.

On 1 April 1994 the Committals Division of the Ghent Criminal Court refused to extend the validity of the arrest warrant. On appeal, the Indictment Division of the Ghent Court of Appeal overturned that decision and prolonged the applicant's pre-trial detention.

On 21 April 1994 the investigating judge rescinded the warrant concerned.

On 29 June 1994 and 2 June 1995 respectively the Committals Division and the Indictment Division, ruling on the action to be taken on the basis of the investigation to date, held that there was insufficient evidence to commit the applicant for trial and discontinued the proceedings.

On 25 October 1996 the applicant claimed compensation for unwarranted pre-trial detention, relying on the Law of 13 March 1973 (see “Relevant domestic law” below).

On 12 May 1997 the Minister of Justice refused the applicant's claim on the ground that he had not “established his innocence by adducing factual evidence or submitting legal argument to that effect”, as required by section 28(1)(b) of the Law of 1973. That requirement was justified, according to the Minister, in the case of an order or judgment discontinuing criminal proceedings, given that a discontinuation decision was not a bar to the reopening of the case if new information or evidence were to come to light.

On 4 July 1997 the applicant contested the Minister's decision by means of an application to the Unwarranted Pre-trial Detention Appeals Board.

On 1 December 1997 the applicant appeared before the Appeals Board, which upheld the refusal of his claim by a decision taken on the same day and served on the applicant on 29 March 1998. It noted that the grounds for presuming the guilt of the applicant, who had always denied committing the offence he stood accused of when appearing before the courts investigating the charge, had been held to be insufficient to justify committing him for trial. It observed that, although the applicant had announced his intention of submitting a pleading setting out the evidence in the file which “amply” proved his innocence, he had not done so and had not replied to the Government's submissions. Consequently, the Appeals Board found that he had not proved his innocence as the law required (dat verzoeker derhalve het bij de wet van hem vereiste bewijs van onschuld niet bijbrengt).