Resolution CM/ResDH(2013)105
Panayiotou against Cyprus
Execution of the judgment of the European Court of Human Rights
(Application No. 20009/06, judgment of 20 January 2011, final on 20 April 2011)
(Adopted by the Committee of Ministers on 6 June 2013
at the 1172nd 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, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgment transmitted by the Court to the Committee in the above case and to the violation established;
Recalling the respondent State’s obligation under Article 46, paragraph 1, of the Convention to abide by all final judgments in cases to which it is a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2013)432);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
ACTION REPORT (8 April 2013)
PANAYIOTOU v CYPRUS
Application No. 20009/06, Judgment of 20.01.11, final on 20.04.11
CASE DESCRIPTION
The case concerned the excessive length of proceedings before criminal courts (violation of Article 6§1 of the Convention).
INDIVIDUAL MEASURES
The European Court of Human Rights awarded just satisfaction in respect of non-pecuniary damage sustained concerning the unreasonable delay in criminal proceedings. The Court made no award for costs and expenses before the Court as the applicant made no claim in respect of costs and expenses before the Court.
The criminal proceedings ended in 2005. No further consequences of the violation established exist, therefore no further measures (apart from the payment for non-pecuniary damage – see 3 below) are deemed required.
GENERAL MEASURES
On 31 January 2011 the Human Rights Sector transmitted the above judgment to the Supreme Court for dissemination to all courts, the Cyprus Bar Association and the Parliamentary Committees for Human Rights and Legal Affairs. The letters set out a summary of the judgment and explain the reasoning for the Court´s finding of violation. The Sector also circulated the above judgment to all law officers of the Legal Service accompanied with a note summarising the judgment and also explaining the reasoning for the Court’s findings. The judgment was also inserted on the Human Rights Sector of the Legal Service website (Government Agent´s website) at .
No other general measures are deemed necessary as it is perceived that the violation established was an isolated incident of excessive length of criminal proceedings, which are usually determined within a reasonable time and of which the Cyprus courts are fully aware.
JUST SATISFACTION
On 3 June 2011 the applicant was paid via bank transfer (reference number 29.105) the amount awarded by the judgment (i.e. 3.200,00 Euros).
CONCLUSIONS
The Government considers that no individual measure is required apart from the payment for non-pecuniary damage. The publication and dissemination of the judgment including, inter alia, to all courts will prevent similar violations. Cyprus has thus complied with its obligations under Article 46 paragraph 1 of the Convention and the Government invites the Committee of Ministers to close the examination of the case.
Dr Theodora Christodoulidou
Counsel for the Republic of Cyprus
for the Attorney General – Government Agent
Full & Egal Universal Law Academy