Resolution ResDH(2006)78[1]
Execution of the judgment of the European Court of Human Rights
Quiles Gonzalez against Spain
(Application No. 71752/01, judgment of 27 April 2004, final on 27 July 2004)
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 referred to as “the Convention” and “the Court”);
Having regard to the final judgment in this case, transmitted by the Court to the Committee on 27 July 2004;
Recalling that the violation of the Convention found by the Court in this case concerns the excessive length proceedings concerning civil rights and obligations before labour courts and the Constitutional Tribunal (Article 6, paragraph 1), (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Spain’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing new, similar violations;
Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and DECIDES to close its examination.
Appendix to Resolution ResDH(2006)78
Information about the measures to comply with the judgment in the case of
Quiles Gonzalez against Spain
Introductory case summary
The case concerns the excessive length of certain judicial proceedings concerning civil rights and obligations before labour courts, including the Valencia Superior Court, and the Constitutional Tribunal (violation of Article 6, paragraph 1).
The proceedings began on 15 April 1994 and ended on 28 March 2001 (6 years, 11 months and 13 days).
Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
6 000 €
2 500 €
8 500 €
Paid on 01/10/2004
b) Individual measures
None (the proceedings are closed).
General measures
On account of the specific circumstances of this case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention : the judgment of the European Court was accordingly published in the Official Journal of the Ministry of Justice, No. 1970 of 01 August 2004 and it has been sent out to the Constitutional Court, the General Council of Judicial Power, the Valencia Superior Court and the Director General for the National Institute of Social Security in Valencia.
The Spanish authorities consider that in absence of a structural problem concerning the length of criminal proceedings, no other measures are required.
[1] Adopted by the Committee of Ministers on 20 December 2006 at the 982nd meeting of the Ministers’ Deputies
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