Resolution ResDH(2006)51
concerning the judgment of the European Court of Human Rights
of 21 March 2002 (final on 21 June 2002)
in the case of Nikula against Finland

(Adopted by the Committee of Ministers on 2 November 2006,
at the 976th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Nikula case delivered on 21 March 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 31611/96) against Finland, lodged with the European Commission of Human Rights on 20 May 1996 under former Article 25 of the Convention by Ms Anne Nikula, a Finnish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning a breach of the applicant's right of freedom of expression due to her conviction in 1994 for defamation (under Article 27, paragraph 2, of the Criminal Code in force at the material time) following certain statements she made, as a lawyer, during a trial.;

Whereas in its judgment of 21 March 2002 the Court:

- held, by 5 votes to 2, that there had been a violation of Article 10 of the Convention;

- held, unanimously, that no separate issue arose under Articles 17 or 18 of the Convention;

- held, by 5 votes to 2, that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 5 042 euros in respect of non-pecuniary damage;

- held, unanimously, that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 1 900 euros in respect of pecuniary damage; 6 500 euros in respect of costs and expenses, together with any value added tax which might be due; and that simple interest at an annual rate of 13% would be payable on the sum 1,900 euros from 27 February 1996; and that simple interest at an annual rate of 11% would be payable on the other sums awarded from the expiry of the above-mentioned three months until settlement;

- dismissed, unanimously, the remainder of the applicant's claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the