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 Ruiz-Mateos against Spain delivered on
23 June 1993 and transmitted the same day to the Committee of
Ministers;
Recalling that the case originated in an application against
Spain lodged with the European Commission of Human Rights on
5 May 1987 under Article 25 (art. 25) of the Convention by six
Spanish nationals, Mr José María, Mr Zoilo, Mr Rafael,
Mr Isidoro, Mr Alfonso and Mrs María Dolores Ruiz-Mateos who
complained, inter alia, that their actions for the restitution
of their assets were not heard within a reasonable time and that
the proceedings before the Constitutional Court did not comply
with the principle of equality of arms;
Recalling that the case was brought before the Court by the
Government of Spain on 20 February 1992 and by the Commission on
21 February 1992;
Whereas in its judgment of 23 June 1993 the Court:
- held by twenty-two votes to two that there had been a
violation of Article 6, paragraph 1 (art. 6-1), as regards the
length of the proceedings;
- held by eighteen votes to six that there had been a
violation of that provision as regards the fairness of the
proceedings conducted in this case in the Constitutional Court;
- dismissed unanimously the applicants' 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 Spain to inform it of the
measures which had been taken in consequence of the judgment of
23 June 1993, having regard to Spain's 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 Spain gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution,
Declares, after having taken note of the information
supplied by the Government of Spain, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (94) 27
Information provided by the Government of Spain
during the examination of the case of Ruiz-Mateos against
Spain by the Committee of Ministers
The legislation at issue in the Ruiz-Mateos case,
Act No. 7/1983 dated 29 June 1983 concerning the expropriation
on the grounds of public utility and social interest of firms
belonging to the RUMASA group, was unique and the Ruiz-Mateos
case was, accordingly, an exceptional case.
The judgment of the Court has received the widest possible
publicity in Spain, including extensive reports in mass media.
The violation of Article 6, paragraph 1 (art. 6-1), which
resulted from excessive length of the domestic proceedings, has
been remedied by the developments which have since taken place
in Spain: as far as the situation before the Audiencia Provincial
is concerned, this appears already from paragraph 48 of the
Court's judgment; as regards the situation before the
Constitutional Court, statistics show that the workload of this
Court decreased considerably after 1986 as a result of the
maturing of the Spanish democracy, a clearer legal situation, in
particular as far as the distribution of competences within the
new State of the Autonomous Regions (el nuevo Estado de las
Autonomías) is concerned, and the adoption of the constitutional
amendment (ley orgánica) 6/1988, of 9 June 1988, which allowed
the Constitutional Court to reject inadmissible amparo appeals
by means of a summary procedure.
In view of the unique character of the Ruiz-Mateos case, the
violation of the same article which resulted from the fact that
the applicants were not allowed to participate in the proceedings
before the Constitutional Court will also not reoccur. In the
unlikely event of a new case, comparable to that of the
Ruiz-Mateos case, the Constitutional Court would be empowered by
Article 96 of the Spanish Constitution to adopt a procedure
complying with the requirements of the Convention as laid down
in the judgment of the European Court of Human Rights in the
Ruiz-Mateos case; considering the status of the Convention in
Spanish law there is also every reason to believe that, in such
a case, the Constitutional Court would adopt such a procedure.
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