CASE OF HADJIANASTASSIOU AGAINST GREECE



     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 Hadjianastassiou case delivered on 16 December 1992

and transmitted the same day to the Committee of Ministers;

     Recalling that the case originated in an application

(No. 12945/87) against Greece lodged with the European Commission

of Human Rights on 17 December 1986, under Article 25 (art. 25) of

the Convention by Mr Constantinos Hadjianastassiou, a Greek

national, and that the Commission declared admissible his

complaints regarding the lack of reasons in the judgment of the

Courts-Martial Appeal Court; regarding the shortness of the

time-limit for lodging an appeal; and regarding his conviction for

disclosure of military secrets of secondary importance;

     Recalling that the case was brought before the Court by the

Commission on 12 July 1991;

     Whereas in its judgment of 16 December 1992 the Court

unanimously:

     - held that there had been a violation of paragraphs 1 and 3.b

of Article 6 (art. 6-1, art. 6-3-b), taken together;

     - held that there had been no violation of Article 10

(art. 10);

     - held that the respondent state was to pay to the applicant,

within three months, for costs and expenses 29 260 French francs

and 520 000 drachmas;

     - rejected the remainder of the applicant's claims for just

satisfaction;

     Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

     Having invited the Government of Greece to inform it of the

measures which had been taken in consequence of the judgment

of 16 December 1992, having regard to Greece's obligation under

Article 53 (art. 53) of the Convention to abide by it;

     Whereas, during the examination of the case by the Committee

of Ministers, the Government of Greece gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

     Having satisfied itself that the Government of Greece paid the

applicant, within the time limit set, the sum provided for in the

judgment of 16 December 1992,

     Declares, after having taken note of the information supplied

by the Government of Greece, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

               Appendix to Resolution DH (95) 213

        Information provided by the Government of Greece

       during the examination of the Hadjianstassiou case

                  by the Committee of Ministers

     The new Military Criminal Code was ratified by Act 22870/95

which was published in the official journal on 1 February 1995 and

which entered into force on the same day.

     According to the new code, the time limit for filing an appeal

to the Court of Cassation is no longer five days from the delivery

of the judgment as under the old code (see paragraphs 24 and 26 of

the Court's judgment), but twenty days from the entering of the

transcription of the elements of the judgment in a special register

kept by the registry of the court in question (see Article 212,

paragraph 1, of the new Military Criminal Code).

     The Greek Government considers that this change will prevent

the repetition of violations of the kind found by the Court in the

present case.

 

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