Resolution CM/ResDH(2009)10[1]
Execution of the judgment of the European Court of Human Rights
A. and E. Riis against Norway
(Application No. 9042/04, judgment of 31 May 2007, final on 31 August 2007)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concern the excessive length of certain civil proceedings (violation of Article 6, paragraph 1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Norway’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix)], that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2009)10
Information about the measures taken to comply with the judgment in the case of
A. and E. Riis against Norway
Introductory case summary
This case concerns the excessive length of certain civil proceedings (violation of Article 6§1). Proceedings lasted 17 years and five months for three level of jurisdiction (from March 1986 to August 2003).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
15 000 euros
4 000 euros
19 000 euros
Paid on 3/09/2007
b) Individual measures
The proceedings at issue came to an end in 2003.
II.General measures
1) Length of the proceedings: The Norwegian authorities consider that this case does not reveal a structural problem and should therefore be examined as an isolated case which does not require adoption of any specific general measure. However, it must be noted that the Norwegian government has adopted preventive measures to guarantee the right to a fair trial within a reasonable time.
As regards criminal proceedings, following amendment of the Criminal Procedure Act in 2002, measures to accelerate proceedings have been introduced, such as time-limits for trial hearing (Section 275), the appointment by the court of another counsel if the counsel chosen by the defendant is responsible for significant delay (Section 102); and the shortening of the time spent in investigating and adjudicating.
As regards civil proceedings, preventive measures introduced following the adoption of the Civil Procedure Act in 2005 include: judges’ explicit responsibility for dealing with cases in an expeditious manner and the overall responsibility of the head of the court to control length of proceedings; the introduction of imperative time limits (six months from the filing of the case for the main hearing, unless there are special circumstances); and new rules of evidence.
2) Effective remedies against excessive length of the proceedings: Compensatory measures in relation to excessive length of criminal proceedings consist in the shortening of the sentence or the award of pecuniary damages (Section 445) and, exceptionally, non-pecuniary damages (Section 447). Section 20-12 of the 2005 Civil Procedure Act provides compensation for pecuniary damages suffered in case of excessive length in proceedings if the court is substantially to blame for the delay.
3) Publication and dissemination: Given the direct effect of the European Convention in Norway, publication and dissemination of the European Court’s judgment to all competent courts should be sufficient to avoid similar violations. A summary of the judgment in Norwegian, with a link to the original text, was published on the Internet site Lovdata (/avg/emdn/emdn-2004-009042-norge.htlm). The Lovdata database is widely used by those who practice law in Norway: lawyers, civil servants, prosecutors and judges alike.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that Norway has thus complied with its obligations under Article 46, paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies
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