Resolution ResDH(2005)33
concerning the judgment of the European Court of Human Rights
of 18 October 2001 (Friendly settlement)
in the case of Kulakova against Latvia
(Adopted by the Committee of Ministers on 25 April 2005
at the 922nd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Kulakova case delivered on 18 October 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 50108/99) against Latvia, lodged with the European Court of Human Rights on 7 June 1999 under Article 34 of the Convention by Ms Nina Kulakova, permanent resident of Latvia, and that the Court declared admissible the complaint relating to the excessive length of criminal proceedings to which she was a civil party;
Whereas in its judgment of 18 October 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Latvia would pay the applicant, the global sum of 5,000 Latvian lati;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking-out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward 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 settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 3 October 2001 the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court's judgment,
Declares, after having examined the information supplied by the Government of Latvia, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Full & Egal Universal Law Academy