Resolution ResDH(2001)72
concerning the judgment of the European Court of Human Rights
of 2 August 2000 (final on 2 November 2000)
in the case of Louka against Cyprus
(Adopted by the Committee of Ministers on 26 June 2001
at the 757th 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 judgment of the European Court of Human Rights in the Louka case delivered on 2 August 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 42946/98) against Cyprus, lodged with the European Commission of Human Rights on 27 July 1998 under former Article 25 of the Convention by Ms Maro Louka, a Cypriot national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain civil proceedings before the District Court of Larnaka;
Whereas in its judgment of 2 August 2000 the Court unanimously:
- held that there had been violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 4 500 Cypriot pounds in respect of non-pecuniary damage, 1 000 Cypriot pounds in respect of costs, plus with any value-added tax that may be chargeable, and expenses and that simple interest at an annual rate of 8% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant’s claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 2 August 2000, having regard to Cyprus’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case (see Resolution DH (99) 465 in the Mavronichis case against Cyprus), notably through the entry into force of the Appeals Rules of Procedure of 1996 (which provide, among other things, for a pre-trial stage, the limitation of time of oral addresses and a summary procedure for the dismissal of manifestly unfounded appeals) and the undertaking of several administrative measures improving the efficiency and the facilities of the courts (increase of administrative staff, construction of the new Supreme Court in Limassol and the new premises for the District Court in Nicosia, computerisation of judicial services) and indicated that the Court’s judgment had been sent out to the authorities directly concerned ;
Having satisfied itself that on 29 November 2000, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 2 August 2000,
Declares, after having taken note of the information supplied by the Government of Cyprus, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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