Resolution ResDH(2005)30
concerning the judgment of the European Court of Human Rights
of 9 March 2004 (final on 9 June 2004)
in the case of Pitkänen against Finland
(Adopted by the Committee of Ministers on 25 April 2005
at the 922nd 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 Pitkänen case delivered on 9 March 2004 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. 30508/96) against Finland, lodged with the European Commission of Human Rights on 6 February 1996 under former Article 25 of the Convention by Eila and Markku Pitkänen, two Finnish nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints concerning the excessive length of certain civil proceedings and the unfairness of the first set of proceedings;
Whereas in its judgment of 9 March 2004 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention on account of the overall length of civil proceedings;
- held that there had been no violation of Article 6, paragraph 1, of the Convention on account of the unfairness of the first set of civil proceedings;
- held that the government of the respondent state was to pay, within three months from the date at which the judgment became final, 3 000 euros in respect of non-pecuniary damage to each of the applicants; 4 000 euros in respect of costs and expenses jointly to the applicants together with any value-added tax that may be chargeable and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants' 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 9 March 2004, having regard to Finland'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 indicated that the Court's judgment had been published on Finlex database and sent out to the authorities directly concerned;
Having satisfied itself that on 15 July 2004, within the time-limit set, the government of the respondent state had paid the applicants the sums provided in the judgment of 9 March 2004,
Declares, after having examined the information supplied by the Government of Finland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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