Resolution ResDH(2005)54
concerning the judgment of the European Court of Human Rights
of 20 July 2004 (Friendly settlement)
in the case of Manasson against Sweden
(Adopted by the Committee of Ministers on 21 June 2005,
at the 928th 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 Manasson case delivered on 20 July 2004 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. 41265/98) against Sweden, lodged with the European Commission of Human Rights on 17 February 1998 under former Article 25 of the Convention by Mr Mishel Manasson, a Swedish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the applicant's right to a fair hearing within a reasonable time and his right to be presumed innocent in taxation proceedings against him;
Whereas in its judgment of 20 July 2004 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 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 Sweden would pay the applicant, the sum of 44 000 euros, upon notification of the judgment;
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 16 August 2004, 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,
Recalling that, as regards the applicant's complaints declared admissible in this case, the Committee of Ministers had to supervise the execution of two judgments of the Court, Janosevic and Västberga Taxi Aktiebolag and Vulic, of 23 July 2002, in which the measures needed to prevent new, similar violations were taken by the Swedish authorities;
Declares, after having examined the information supplied by the Government of Sweden, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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