Resolution ResDH(2003)49
concerning the judgment of the European Court of Human Rights (Friendly Settlement)
of 16 July 2002
in the case of Selim against Cyprus
(Adopted by the Committee of Ministers on 24 April 2003
at the 834th 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 final judgment of the European Court of Human Rights in the Selim case delivered on 16 July 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 47293/99) against Cyprus, lodged with the European Court of Human Rights on 30 March 1999 under Article 34 of the Convention by Mr Kemal Selim, a Cypriot national, and that the Court declared admissible the complaints, first that the applicant had been denied the exercise of his right to marry and to found a family in that at the time there existed no law or alternative legislation governing the marriage of Turkish Cypriots, secondly that he had been subject to unjustified discrimination on the grounds of his language, religion and national origin and, thirdly, that there had been no effective remedy in respect of his claims;
Whereas in its judgment of 16 July 2002 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, together with the changes introduced by law 46(1)2002, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Cyprus would pay the applicant, the sum of 5 080 Cyprus pounds in respect of just satisfaction and 3 000 Cyprus pounds plus value-added tax in respect of costs and expenses, within three months as from the notification of the judgment;
Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Whereas during the examination of the case, the government of the respondent state gave information about the measures taken preventing new violations of the same kind as that alleged in the present judgment; this information appears in the appendix to this resolution;
Having satisfied itself that on 17 July 2002, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sums provided for in the friendly settlement,
Declares, after having taken note of the information supplied by the Government of Cyprus, that it has exercised its functions under Article 46, paragraph 2, of the Convention.
Appendix to Resolution ResDH(2003)49
Information provided by the Government of Cyprus
during the examination of the Selim case
By the Committee of Ministers
A new law 46(I)/2002 providing for the temporary application of the Marriage Law Cap. 279 to members of the Turkish community, thus conferring on the latter community the right to marry, was enacted by the Cypriot Parliament on 25 April 2002 and was published in Official Gazette of the Republic on 2 May 2002.
The new law provides that, as long as the situation prevailing in the island continues, the provisions of the Marriage Law Cap. 279, including the matter of celebration of civil marriages by Marriage Officers, shall also be applicable where one or both parties to the proposed marriage are members of the Turkish community.
The new law on Civil Marriage, which has been tabled before Parliament for enactment, incorporates the provisions of the above-mentioned Law 46(I)/2002.
The Government of Cyprus therefore considers that there is no risk of a new situation similar to that found in the present case and that Cyprus has consequently complied with its obligations under Article 46, paragraph 2, of the Convention.
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