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 Megyeri case delivered on 12 May 1992 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
the Federal Republic of Germany lodged with the European
Commission of Human Rights on 22 October 1986 under Article 25
(art. 25) of the Convention by Mr Zoltan Istvan Megyeri, a
Hungarian citizen, who complained of the failure to appoint a
lawyer to assist him in different sets of proceedings relating
to his detention in a mental institution;
Recalling that the case was brought before the Court by the
Commission on 19 April 1991;
Whereas in its judgment of 12 May 1992 the Court
unanimously:
- held that there had been a violation of Article 5,
paragraph 4 (art. 5-4), of the Convention;
- held that Germany was to pay to the applicant, within
three months, 5 000 Deutschmarks in respect of non-
pecuniary damage and the sum of 21 000 Deutschmarks
less 6 900 French francs, together with any value-
added tax that may be due, in respect of costs and
expenses;
- dismissed 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 Germany to inform it of the
measures which had been taken in consequence of the judgment of
12 May 1992, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Germany gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of Germany
has paid the applicant the sums provided for in the judgment,
Declares, after having taken note of the information
provided by the Government of Germany, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH(92)62
Information provided by the Government of Germany
during the examination of the Megyeri case
by the Committee of Ministers
A German translation of the Court's judgment was brought to
the attention of the judicial authorities of the Länder to inform
them of the Court's interpretation of Article 5, paragraph 4
(art. 5-4), of the Convention in this case.
The sum awarded by the Court in respect of non-pecuniary
damage was paid to the applicant's guardian on 10 June 1992. The
sum awarded in respect of costs and expenses (26 606,94
Deutschmarks) was also paid to the applicant's lawyer on
10 June 1992.
Full & Egal Universal Law Academy