The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on 5 June 1990
by Mr Arnt Andreassen against Norway (Application No. 17228/90);
Whereas on 25 March 1994 the Commission transmitted the said
report to the Committee of Ministers and whereas the period of
three months provided for in Article 32, paragraph 1 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application, as declared admissible by the
Commission on 12 January 1993, the applicant complained of the
length of certain civil proceedings concerning his right to buy a
piece of land by virtue of his allodial rights;
Whereas in its report adopted on 2 March 1994, the Commission
expressed, by ten votes to three, the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 517th meeting of the Ministers' Deputies held
on 21 September 1994, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals made
by the Commission when transmitting its report as regards just
satisfaction to be awarded to the applicant, proposals supplemented
by a letter of the President of the Commission dated
20 January 1995;
Whereas, at the 530th meeting of the Deputies held on
1 March 1995, the Committee of Ministers decided, in accordance
with Article 32, paragraph 2 (art. 32-2), of the Convention, that
the Government of Norway was to pay the applicant as just
satisfaction, within three months, 13 500 Norwegian kroner in
respect of non-pecuniary damage and 18 500 Norwegian kroner in
respect of costs and expenses, namely a total sum of
32 000 Norwegian kroner;
Whereas the Committee of Ministers invited the Government of
Norway to inform it of the measures taken following its decisions
of 21 September 1994 and 1 March 1995, having regard to Norway's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Norway gave the Committee
information about the measures taken in consequence of the
Committee's decisions, which information appears in the appendix to
this resolution;
Whereas the Committee of Ministers satisfied itself that the
Government of Norway paid the applicant within the prescribed
time-limit the total sum of 32 000 Norwegian kroner as just
satisfaction,
Declares, having taken note of the measures taken by the
Government of Norway, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
Appendix to Resolution DH (95) 26
Information provided by the Government of Norway
during the examination of the Arnt Andreassen case
by the Committee of Ministers
The Government of Norway has taken the following measures in
order to prevent the repetition of the violation of the Convention
found in the present case:
- on 3 February 1995 a circular was issued to all the county
governors and municipalities requesting that cases concerning
proceedings for redemption of allodial rights should be given
priority;
- on the same day the authority to take decisions in cases
concerning redemption of allodial rights was transferred from the
Ministry of Agriculture to the county agricultural committees;
- the Ministry of Agriculture is henceforth following up each
individual case with a view to ensuring that proceedings are not
unduly protracted.
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