Resolution ResDH(2006)63
concerning the judgment of the European Court of Human Rights
of the 25 April 2006 (Friendly settlement)
in the case of Lönnholtz against Finland
(Adopted by the Committee of Ministers on 2 November 2006,
at the 976th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Lönnholtz case delivered on 25 April 2006 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. 60790/00 against Finland, lodged with the European Court of Human Rights on 4 August 2000 under Article 34 of the Convention by Ms Anja Lönnholtz and Ms Anne Lönnholtz, two Finnish nationals, and that the Court declared admissible the complaint concerning the excessive length of private prosecution proceedings which they had initiated;
Whereas in its judgment of 25 April 2006 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 and took note of the parties' undertaking not to request a re‑hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Finland would pay the applicants, the sum of 10 200 euros in respect of pecuniary and non-pecuniary damage as well as for costs and expenses, within three months as from the notification of the judgment, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points would be payable from the expiry of the above-mentioned three months until settlement;
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 23 May 2006, before the expiry of the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants 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 Finland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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