Resolution CM/ResDH(2009)112[1]
Execution of the judgment of the European Court of Human Rights
Thilgen against Luxembourg
(Application No. 2196/05, judgment of 10 March 2009, friendly settlement)
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 transmitted by the Court to the Committee once it had become final;
Recalling that the applicant’s complaints declared admissible in this case concerned the effectiveness of the investigation of the causes of his sister’s death in hospital and also the length of proceedings in his right of access to a court (complaints under Articles 2 and 6, paragraph 1 respectively);
Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicant, 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 this 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 this friendly settlement it was agreed that the government of the respondent state would pay the applicant the global sum of 50 000 EUR, within three months as from the notification of the judgment, and that from the expiry of the above-mentioned three months until settlement, simple interest would be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards 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, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its 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 on 15 April 2009, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicant the sum provided for in the friendly settlement and that no other measure was required in this case to comply with the Court’s judgment;
Having examined the information supplied by the government of Luxemburg,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and DECIDES to close its examination.
[1] Adopted by the Committee of Ministers on 30 September 2009 at the 1065th meeting of the Ministers’ Deputies
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