Resolution CM/ResDH(2010)31[1]
Execution of the judgment of the European Court of Human Rights
in the case of Hunt and Miller against the United Kingdom
(Application No. 10578/05, judgment of 23 June 2009 - friendly settlement)
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 “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the applicants’ admissible complaints in this case concerned alleged violations of the right to respect for private life due to investigations conducted into their sexual orientation and their constructive dismissal from the armed forces, in which both applicants had been serving, and the lack of an effective domestic remedy in this respect (complaints under Articles 8 and 13);
Whereas in this case the Court, having taken formal note of the friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants 58 000 euros to cover pecuniary and non-pecuniary damages as well as costs and expenses, within three months as from the notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards 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 settlements or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
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 on 29 June 2009, within the time-limit agreed to under the terms of the friendly settlements, the government of the respondent state paid the applicants the sums provided for in the friendly settlements and that no other measure was required in these cases to comply with the Court’s judgment;
Having examined the information supplied by the government of the United Kingdom,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and DECIDES to close their examination.
[1] Adopted by the Committee of Ministers on 4 March 2010 at meeting of the Ministers’ Deputies.
Full & Egal Universal Law Academy