Final Resolution CM/ResDH(2007)91
Human Rights
Application No. 32922/96
C.C.M.C. against Romania
(Adopted by the Committee of Ministers on 20 June 2007,
at the 997th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”),
Having regard to Interim Resolution DH(99)333, adopted on 15 April 1999 in the case of C.C.M.C against Romania, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain proceedings before the administrative and judicial authorities, in particular the length of proceedings to obtain enforcement of judicial demolition orders of 1993, concerning buildings illegally built by third parties on the applicant's property, and to make public the report of the European Commission of Human Rights;
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 26/05/1999;
Whereas at the 732nd meeting of the Ministers' Deputies, the Committee of Ministers held by a decision adopted on 18 December 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, the sum of 35 000 French francs, covering all damages, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 15 April 1999 and 18 December 200, having regard to Romania's obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state accordingly gave the Committee information about the measures taken in consequence of the Committee's decisions taken to avoid new violations of the same kind as that found in this case (this information appears in the appendix to this resolution);
Whereas the Committee of Ministers satisfied itself that the government of the respondent state had paid the applicant the total sum of 35 000 French francs as just satisfaction on 21 March 2001, i.e. within one month of the time-limit set, and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers concerning the modalities of default interest payment;
DECLARES, having examined the measures taken by the respondent state (see Appendix) and considered the decision taken at the 764th meeting of the Ministers' Deputies (15 October 2001); that it has exercised its functions under former Article 32 of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2007)91
Information provided by the Government of Romania
during the examination of the C.C.M.C. case
by the Committee of Ministers
Individual measures
The government recalls that the enforcement proceedings at the origin of the violation of Article 6, paragraph 1, of the Convention found in this case, came to an end in 2000, when the illegal buildings on the applicant's property were demolished.
General measures
The report of the former European Commission of Human Rights in this case was translated into Romanian and published in the Romanian Official Journal (Moniturul Oficial), No. 277 of 20/06/2000, with a view to drawing the attention of the Romanian administrative and judicial authorities to the problem at the origin of this case and accordingly preventing, to the extent possible, new, similar violations.
Conclusions
The government considers that the measures taken have fully remedied the consequences for the applicant of the violation found in this case and will prevent new, similar violations in future and that Romania has therefore complied with its obligations under former Article 32 of the Convention.
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