Resolution ResDH(2006)77[1]
Execution of the judgments of the European Court of Human Rights
Gonzalez Doria Duran De Quiroga and Lopez Sole Y Martin De Vargas
against Spain
(Applications No. 59072/00 and 61133/00, judgments of 28 October 2003, final on 28 January 2004)
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 judgments in these cases, transmitted by the Court to the Committee on
28 January 2004;
Recalling that the violation of the Convention found by the Court in these cases concerns the excessive length of two sets of criminal proceedings (violations 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 in order to comply with Spain's obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
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 applicants the just satisfaction provided in the judgments (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 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
- 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 these cases and DECIDES to close their examination.
Appendix to Resolution ResDH(2006)77
Information about the measures to comply with the judgments in the cases of
Gonzalez Doria Duran De Quiroga and Lopez Sole Y Martin De Vargas
against Spain
Introductory case summary
These cases concern the excessive length of two sets of criminal proceedings (violations of Article 6, paragraph 1).
In the first case, the proceedings lasted from 1985 to 1999, i.e. 14 years, 4 months and 5 days for three degrees of jurisdiction. In the second case, the proceedings lasted from 1985 to 2000, i.e. 14 years, 8 months and 2 days for three degrees of jurisdiction.
Payments of just satisfaction and individual measures
a) Details of just satisfaction
Name
Application No.
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Gonzalez Doria Duran De Quiroga
59072/00
-
10 000 €
500 €
10 500€
Paid on 22/12/2003
Lopez Sole Y Martin De Vargas
61133/00
-
10 000 €
3 000 €
13 000 €
Paid on 21/04/2004
b) Individual measures
The domestic proceedings are closed.
General measures
On account of the specific circumstances of the two cases, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: the two judgments of the European Court have accordingly been disseminated to public prosecutors and courts, including the Constitutional Court and the Supreme Court. Moreover, the judgment delivered in the first case was published in the Official Journal of the Ministry of Justice, No. 1963 of 15 April 2004 and the judgment delivered in the second case was published in the Official Journal of the Ministry of Justice, No. 1966 of 1 June 2004.
The Spanish authorities consider that in absence of a structural problem concerning the length of criminal 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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