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 Helmers case delivered on 29 October 1991 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Sweden lodged with the European Commission of Human Rights on
6 February 1985 under Article 25 (art. 25) of the Convention by
Mr Reinhard Helmers, a German national, who complained, inter
alia, of a court of appeal's refusal to grant him his request for
an oral hearing in a criminal procedure he had instituted for
defamation;
Recalling that the case was brought before the Court by the
Commission on 6 April 1990 and by the Government of Sweden on
16 May 1990;
Whereas in its judgment of 29 October 1991 the Court:
- held unanimously that it did not have jurisdiction to
examine the complaints in Mr Helmers' application no 8637/79;
- held by eleven votes to nine that there had been a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention
as a result of the court of appeal's refusal to grant the
applicant's request for an oral hearing;
- held unanimously that Sweden was to pay to the applicant,
within three months, 25 000 Swedish crowns in respect of
non-pecuniary damage;
- dismissed unanimously the remainder of the applicant's
claim 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 Sweden to inform it of the
measures which had been taken in consequence of the judgment of
29 October 1991, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Having satisfied itself that the Government of Sweden has
paid to the applicant on 26 November 1991 the sum provided for
in the judgment,
Declares that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
Full & Egal Universal Law Academy