The Author of the Communication is W.B.E., a Dutch citizen, who was detained from 10 December 1979 to 27 April 1980 on suspicion being involved in drug smuggling activities. After the acquaintance the Author applied to the domestic courts for award of compensation for damages resulting from detention and from lost revenue. His applications were rejected by the domestic courts. Applying to the Committee the Author claimed that his lasting detention and denial of compensation was a violation of his right to liberty and fair trial under the Articles of 9 and 14 of the Covenant.
After the consideration of the Communication the Committee found it inadmissible as the right to compensation under Article 9 of the Covenant is granted to victims of unlawful detention. Still the Author failed to substantiate that his detention was unlawful.
Citation: W.B.E. v. The Netherlands (UN Human Rights Committee, Decision on Admissibility, 23 October 1992) UN Doc.CCPR/C/46/D/432/1990