Resolution ResDH(2006)75[1]
Execution of the judgment of the European Court of Human Rights
Alberto Sanchez against Spain
(Application No. 72773/01, judgment of 16 November 2004, final on 16 February 2005)
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 referred to as “the Convention” and “the Court”);
Having regard to the final judgment in this case, transmitted by the Court to the Committee on 16 February 2005;
Recalling that the violation of the Convention found by the Court in this case concerns the excessive length of judicial proceedings (Article 6, paragraph 1), (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Spain'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, 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 in the judgment, 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
- general measures preventing new, similar violations;
Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and DECIDES to close its examination.
Appendix to Resolution ResDH(2006)75
Information about the measures to comply with the judgment in the case of
Alberto Sanchez against Spain
Introductory case summary
The case concerns the excessive length of judicial proceedings brought by the applicant to contest the fact that he was not appointed to a certain post at the Ministry of Justice which he had applied for. The proceedings began on 10 December 1992 and ended on 23 April 1998 (more than five years and four months), (violation of Article 6, paragraph 1).
Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
5 500 €
1 500 €
7 000 €
Paid on 24/05/2005
b) Individual measures
The domestic proceedings concerned are closed.
General measures
On account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: the European Court's judgment has accordingly been published in Spanish in the Official Bulletin of the Ministry of Justice and sent out to the relevant authorities.
The Spanish authorities consider that in absence of a structural problem concerning the length of judicial proceedings, no other measures are required.
[1] Adopted by the Committee of Ministers on 20 December 2006 at the 982nd meeting of the Ministers’ Deputies
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