CASE OF HIRO BALANI AGAINST SPAIN



     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 Hiro Balani case delivered on 9 December 1994 and

transmitted the same day to the Committee of Ministers;

     Recalling that the case originated in an application

(No. 18064/91) against Spain, lodged with the European Commission

of Human Rights on 15 March 1991 under Article 25 (art. 25) of the

Convention by Ms Rita Hiro Balani, at the time an Indian national,

and that the Commission declared admissible her complaint that she

had not been given a fair hearing in so far as the Supreme Court

had not addressed in its judgment all the submissions made by her

in the first-instance proceedings;

     Recalling that the case was brought before the Court by the

Commission on 9 December 1993;

     Whereas in its judgment of 9 December 1994 the Court:

     - held, by eight votes to one, that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention;

     - held, unanimously, that the judgment constituted in

itself sufficient just satisfaction in respect of the alleged

non-pecuniary damage;

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

applicant, within three months, 997 050 pesetas for costs and

expenses;

     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 Spain to inform it of the

measures which had been taken in consequence of the judgment

of 9 December 1994, having regard to Spain'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 Spain 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 on 8 February 1995, within the

time-limit set, the Government of Spain paid the applicant the sum

provided for in the judgment of 9 December 1994,

     Declares, after having taken note of the information supplied

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

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

               Appendix to Resolution DH (95) 251

         Information provided by the Government of Spain

       during the examination of the case of Hiro Balani

                  by the Committee of Ministers

     In addition to the ordinary publication of a translation of

the present judgment in the Boletín de Jurisprudencia

Constitucional, the Ministry of Justice and of the Interior has

also published, on 25 June 1995, a translation of the judgment in

a supplement to No. 1747 of the Boletín de información del

Ministerio de Justicia e Interior, Jurisprudencia de los órganos

del Convenio Europeo de Derechos Humanos.

     In view of the status of the Convention and of the case-law of

the Strasbourg organs in Spanish law (see, inter alia,

Resolutions DH (94) 84 in the case of Barberà, Messegué and Jabardo

and DH (95) 93 in the case of Castells), the Government of Spain is

of the opinion that the tribunals will not fail to adapt their

practice to the jurisprudence of the Court in the present case.

     The government would add that the Spanish ratification of the

Convention and subsequent declarations regarding the competence of

the Strasbourg organs also evidence a firm will on the part of

Spain to contribute to a better protection of the rights

guaranteed.  In this perspective and in accordance with the

provisions of Article 10, paragraph 2, of the Constitution, the

Ministry of Justice and of the Interior has found it appropriate

and necessary to publish henceforth in its information bulletin

translations of important Strasbourg decisions which concern Spain.

This measure will, in addition, ensure, as a result of the wide

distribution of the bulletin, a better knowledge of the Convention

case-law and thus also permit better compliance with the judgments

of the Court.

 

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