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 Margareta and Roger Andersson against
Sweden delivered on 25 February 1992 and transmitted the same day
to the Committee of Ministers;
Recalling that the case originated in an application against
Sweden lodged with the European Commission of Human Rights on
13 February 1987 under Article 25 (art. 25) of the Convention by
Mrs Margareta Andersson and her son Roger Andersson, Swedish
nationals, who complained of the taking of Roger into public
care, the maintenance in force of the care order, his placement
in a foster home and the restrictions imposed on their access to
each other, including communications by correspondence and
telephone;
Recalling that the case was brought before the Court by the
Commission on 14 December 1990 and by the Government of Sweden
on 17 December 1990;
Whereas in its judgment of 25 February 1992 the Court:
- held by eight votes to one that there had been a
violation of Article 8 (art. 8) of the Convention;
- held unanimously that it was not necessary to examine
the complaints under Article 13 (art. 13) with regard
to Margareta Andersson;
- held by five votes to four that there had been no
violation of Article 13 (art. 13) with regard to Roger
Andersson;
- held unanimously that Sweden was to pay within three
months:
. to each of the applicants 50 000 Swedish crowns for
non-pecuniary damage;
. to the applicants jointly 125 000 Swedish crowns
for legal fees and expenses;
- rejected unanimously the remainder of the claim 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 Sweden to inform it of the
measures which had been taken in consequence of the judgment of
25 February 1992, having regard to its obligation under
Article 53 (art. 53) of the Convention to abide by it;
Having satisfied itself that the Government of Sweden
has paid on 17 March 1992 the applicants the sums provided for
in the judgment of 25 February 1992,
Declares that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
Full & Egal Universal Law Academy