Resolution ResDH(2005)71
concerning unfair proceedings for compensation regarding pre-trial detention
(case of Sajtos against Greece and two other cases (see Appendix))
(Adopted by the Committee of Ministers on 18 July 2005,
at the 933rd 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 judgments of the European Court of Human Rights, in the case of Sajtos against Greece and two other cases (see details in Appendix) transmitted to the Committee of Ministers once they become final under Articles 44 and 46 of the Convention;
Recalling that all these cases originated in applications lodged against Greece before the European Court of Human Rights under Article 34 of the Convention on 14 June 1999, 4 October 2000 and on 13 December 2000 respectively, and that the Court declared admissible the applicants' complaints relating to the unfairness of proceedings relating to compensation, following acquittal or discontinuation of criminal proceedings, for pre-trial detention and, in the Sakkopoulos case inhuman and degrading treatment during this detention (for further details, see Appendix);
Recalling that the European Court subsequently held in all these cases that the proceedings relating to compensation for pre-trial detention had not been fair in that the criminal courts' decisions had not been reasoned or had been taken proprio motu without hearing, contrary to Article 6, paragraph 1, of the Convention and awarded the applicants sums as just satisfaction (for further details, see Appendix); The Court also found in the Sakkopoulos case that there had been no violation of Article 3;
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 Greece to inform it of the measures which had been taken in consequence of the European Court's judgments, having regard to Greece's obligation under Article 46, paragraph 1, of the Convention to abide by them;
Having satisfied itself that the Government of Greece, within the date-limit set, paid all the applicants the sums awarded by the European Court as just satisfaction (see Appendix);
Whereas during the examination of the cases by the Committee of Ministers, the Greek government informed the Committee that, as regards individual measures taken to erase the consequences of the violations, Article 525A of the Code of Criminal Procedure introduced by Law 3060/2002 allows the applicants, following the judgments of the European Court, to ask for reopening of the domestic proceedings concerning compensation for their pre-trial detention; as regards the general measures taken in consequence of the Court's judgments to prevent new violations of the same kind, they are covered by those adopted in the cases of Tsirlis and Kouloumpas, and of Georgiadis (see appendix to Final Resolution ResDH(2004)82);
Declares, after having examined the measures taken by the Government of Greece, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2005)71
Information on applications and payment of just satisfaction
Case
Application
No.
Date of
judgment
Amounts awarded
by the Court
Time-limit
for payment
Date of payment
Sajtos Agota
53478/99
21/03/2002, final on 21/06/2002
Non-pecuniary damages: 3 000 euros; Costs and expenses: 3 000 euros
21/09/2002
16/09/2002
Sakkopoulos Panagiotis
61828/00
15/01/2004, final on 15/04/2004
Pecuniary and non-pecuniary damages:
15 000 euros;
Costs and expenses:
3 500 euros
15/07/2004
16/06/2004
Yiarenios
Christos
64413/01
19/02/2004, final on 19/05/2004
Non-pecuniary damages: 12 000 euros
19/08/2004
08/07/2004
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