Resolution ResDH(2005)81
concerning the judgment of the European Court of Human Rights
of 25 November 2003 (Friendly settlement)
in the case of Ercolani against San Marino
(Adopted by the Committee of Ministers on 18 July 2005
at the 933rd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Ercolani case delivered on 25 November 2003 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 35430/97) against San Marino, lodged with the European Commission of Human Rights on 12 March 1997 under former Article 25 of the Convention by Mr Ermanno Ercolani, a San Marino national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the unfairness of certain criminal proceedings against the applicant, which led to his conviction in 1996 to two years and five months' imprisonment together with ancillary penalties without having being heard by the deciding judge in a public hearing either at first instance or at appeal, in conformity with the law applicable at that time;
Whereas in its judgment of 25 November 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties' implicit intention not to request a re-hearing of the case before the Grand Chamber;
Whereas under the friendly settlement it was agreed that the Government of San Marino would:
a) “in the framework of civil proceedings No. 252/1998 renounce recovery of debts resulting from the non-pecuniary damage and prejudice to the image of the State;
b) renounce recovery of import tax credit of 204 183,30 € and discontinue the related judicial proceedings;
c) set aside its statutory right to be paid in preference to other creditors up to the sum of 800 000 000 lire with regard to certain immovable property belonging to the applicant;
d) grant the applicant a period of ten years for the payment, by annual interest-free installments, of the sum of 98 986,28 € in relation with proceedings No. 2273/1997;
e) within the limits of its own competence, give favourable consideration to the applicant's request for rehabilitation, should he decide to introduce such a request;”
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking-out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 5 April 2004 the San Marino delegation confirmed the implementation of the undertakings subscribed in the friendly settlement and forwarded copies of the decisions and instructions adopted to this effect by the competent domestic authorities,
Declares, after having examined the information supplied by the Government of San Marino, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case.
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