Resolution CM/ResDH(2009)147[1]
Execution of the judgment of the European Court of Human Rights
Tamminen against Finland
(Application No. 40847/98, judgment of 15/06/2004, final on 05/07/2004)
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 “the Convention” and “the Court”);
Having regard to the judgment in this case, transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the lack of a fair trial due to civil court's refusal to hear a particular witness whom the applicant wished to call (violation of Article 6§1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Finland'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
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2009)147
Information on the measures to comply with the judgment in the case of
Tamminen against Finland
Introductory case summary
The case concerns a breach of the applicant's right to a fair hearing on account of domestic courts' refusal to hear a particular witness whom the applicant wished to call. Stating that hearing the witness was not necessary for deciding the issues in the case, the District Court rejected in October 1995 most of the monetary claims the applicant had launched. In February 1997, the Court of Appeal refused to hear the witness in question on other grounds than those which had been relied on by the lower court (violation of Article 6§1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
-
2 800 EUR
2 800 EUR
Paid on 05/10/2004
b) Individual measures
The applicant may request re-opening of the proceedings according to the Code of Judicial Procedure, Chapter 31, sections 7§§ 3 and/or 4.
II.General measures
The government considers that the direct effect given by the national courts to the case law of the European Court of Human Rights will prevent similar violations. For this purpose, the judgment of the European Court has been published in the Finlex database. A summary of the judgment in Finnish has been published in the same database. The judgment has also been disseminated to the relevant national authorities as well as to the Magistrate's Court of Helsinki and the Appeal Court of Helsinki.
III.Conclusions of the respondent state
The government considers that the measures adopted will prevent other new violations and that Finland has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 3 December 2009 at the 1072nd meeting of the Ministers’ Deputies
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