The Committee of Ministers, under the terms of Article 54
(art. 54) 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 Diaz Ruano case delivered on 26 April 1994 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Spain lodged with the European Commission of Human Rights on
12 July 1990 under Article 25 (art. 25) of the Convention by
Mr Antonio Diaz Ruano, a Spanish national, and that the Commission
declared admissible, on the one hand, the complaint according to
which the circumstances surrounding the death of the applicant's
son constituted a breach of the right to life and, on the other
hand, the complaint according to which the applicant's son had been
subject to torture and inhuman and degrading treatment while in
police custody;
Recalling that the case was brought before the Court by the
Commission on 8 December 1993;
Whereas in its judgment of 26 April 1994, the Court, after
having taken formal note of a friendly settlement reached by the
Government of Spain and the applicant and having found that there
were no reasons of public policy justifying the continuation of the
proceedings, decided unanimously to strike the case out of its
list;
Whereas under the above-mentioned friendly settlement it was
agreed that:
"1. In case No. 16988/90 examined by the European Commission
of Human Rights, which adopted its report relating thereto on
31 August 1993, the Kingdom of Spain undertakes to pay the
applicant the sum of 6 000 000 pesetas on account of the
events which gave rise to the application.
2. The payment of the above sum which covers all the costs
and expenses incurred by the applicant, shall be made as an ex
gratia settlement and shall not in any way constitute an
acknowledgement by the Spanish authorities that the provisions
of the Convention have been violated in the aforesaid case.
3. Regard being had to the undertaking given in paragraph 1,
the applicant and the Spanish Government request the European
Court of Human Rights to strike case No. 42/1993/437/516 out
of the list under Rule 49, paragraph 2, of the Rules of Court,
since the agreement reached is of a kind to provide a solution
of the matter.
4. In addition, the applicant declares that he considers the
case settled and that he will not institute any further
proceedings before the national or international authorities
in respect of the events which gave rise to the above
application."
Recalling that Rule 49, paragraph 3, of the Rules of the Court
provides that the striking out of a case shall be effected by means
of a judgment which the President shall forward to the Committee of
Ministers in order to allow it to supervise, in accordance with
Article 54 (art. 54) of the Convention, the execution of any
undertakings which may have been attached to the discontinuance or
solution of the matter;
Having satisfied itself that on 22 June 1994 the Government of
Spain paid the applicant the sum provided for in the friendly
settlement,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.
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