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 case of Kampanis delivered on 13 July 1995 and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 17977/91) against Greece, lodged with the European Commission of Human Rights on 7 March 1991 under Article 25 (art. 25) of the Convention by Mr Stamatios Kampanis, a Greek and Canadian national, and that the Commission declared admissible the complaint that there had been a violation of the equality of arms before the indictments chamber of the Court of Appeal in certain proceedings initiated in the context of a charge in criminal matters;
Recalling that the case was brought before the Court by the Government of Greece on 1 June 1994;
Whereas in its judgment of 13 July 1995 the Court unanimously:
- held that there had been a violation of Article 5,
paragraph 4 (art. 5-4) of the Convention as regards the proceedings relating to the application for release of 30 January 1991;
- held that there had been no violation of Article 5, paragraph 4 (art. 5-4) of the Convention as regards the proceedings relating to the application lodged on 18 December 1992 during the committal proceedings and the application for release made
on 29 March 1991;
- held that the present judgment in itself constituted sufficient just satisfaction as regards the alleged non-pecuniary damage;
- held that the respondent state was to pay
1 400 000 drachmas, within three months, for costs and expenses;
- dismissed the remainder of the 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 13 July 1995, 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 on 1 December 1995 the Government of Greece paid the applicant the sum provided for in the judgment of 13 July 1995,
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 (96) 367
Information provided by the Government of Greece
during the examination of the case of Kampanis
by the Committee of Ministers
Article 287 of the Code of Criminal Procedure, as amended by law 2298/95 (Official Government Journal 62 of 4 April 1995) provides that the accused must be informed of the deliberation of the indictments chamber of the competent court, at least five whole days before the deliberation is to be held and that the accused must be summoned to be heard in person when the indictments chamber decides:
- either, by virtue of the paragraph 1.a, whether it is necessary to extend the duration of the detention on remand beyond six months in case of a crime, and beyond three months in case of an offence,
- or, by virtue of paragraph 2, if exceptional circumstances justify the imposition of an additional period of detention on remand of six months for crimes or of three months for offenses, beyond the maximum period of detention on remand normally set by the Constitution (one year for crimes and six months for offenses).
The first section of paragraph 5 indicates that all uncertainties and all contestations relating to the maximum duration of the detention on remand are settled by the indictments chamber, before which the accused has the right to appear under the same conditions as above.
It appears clearly from these provisions that in all cases relating to decisions regarding the extension or the lawfulness of a detention on remand, the accused has to be summoned in order to be heard by the indictments chamber. The Greek Government therefore finds that there is no longer any risk of any repetition of the violation found by the Court in the present case.
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