Resolution ResDH(2005)89
concerning the judgment of the European Court of Human Rights
in the case of Thlimmenos against Greece, judgment of 6 April 2000
(Adopted by the Committee of Ministers on 26 October 2005
at the 940th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Thlimmenos case delivered on 6 April 2000 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. 34369/97) against Greece, lodged with the European Commission of Human Rights on 18 December 1996 under former Article 25 of the Convention by Mr Iakovos Thlimmenos, a Greek national, and that the Commission declared admissible his complaints relating first to the authorities' refusal to appoint him to a post of chartered accountant in 1989 because of his criminal conviction in 1983 for insubordination – he had refused to wear military uniform – and secondly concerning the excessive length of the proceedings before the administrative courts;
Recalling that the case was brought before the Court by the Commission, on 22 March 1999;
Whereas in its judgment of 6 April 2000 the Court unanimously:
- held that there had been a violation of Article 14 of the Convention taken in conjunction with Article 9, as the applicant's exclusion from the profession of chartered accountant amounted to a discrimination on the ground of his religious beliefs;
- held that there had been a violation of Article 6, paragraph 1, of the Convention, on account of the excessive length of proceedings before the administrative courts;
- held that it was not necessary to examine whether there had been a violation of Article 9 taken alone;
- held that the respondent state was to pay the applicant, within three months, 6 000 000 drachmas in respect of non-pecuniary damage; 3 000 000 drachmas in respect of costs and expenses and that simple interest at an annual rate of 6% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant's claim for just satisfaction;
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 the respondent state to inform it of the measures which had been taken in consequence of the judgment of 6 April 2000, having regard to Greece's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Having satisfied itself that on 4 July 2000, within the time-limit set, the government of the respondent state had paid the applicant the sums provided in the judgment of 6 April 2000;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state gave the Committee information about the measures taken to grant the applicant full redress for the violations found (restitutio in integrum) and to prevent new violations of the same kind as those found in the present judgment; this information appears in the appendix to this resolution;
Noting in particular that the specific problem of excessive length of proceedings concerning civil rights and obligations before administrative courts has been and continues to be addressed by the Greek authorities under the Committee's supervision in the context of other judgments (see Final Resolution ResDH(2005)65 concerning the cases of Pafitis and others against Greece);
Declares, after having examined the information supplied by the Government of Greece, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Appendix to Resolution ResDH(2005)89
Information provided by the Government of Greece
during the examination of the Thlimmenos case
by the Committee of Ministers
Individual measures aimed at restitutio in integrum for the applicant
Following the European Court's judgment of 6 April 2000, a new Law (2915/2001) was approved by Parliament and entered into force on 29 May 2001. According to the introductory report to this Law, its Article 27 was specifically intended to ensure Greece's compliance with the European Court's judgment in the case of Thlimmenos.
Article 27, paragraph 1, provided for the removal from criminal records of all sentences imposed before 27 June 1997 (the date of entry into force of Law 2510/1997 concerning, inter alia, alternatives to military service) on grounds of insubordination for religious or ideological reasons, on condition that the persons concerned have served the relevant sentences or have been released on parole as in the applicant's case. The removal of these sentences from criminal records took place either ex officio or upon application by the persons concerned.
Under Article 27, paragraph 2, the persons referred to in Article 27, paragraph 1, are not bound to produce a certificate of completion of military service for their appointment or any other occupation in the public sector. This provision has retroactive effect (from 27 June 1997).
As a consequence, the applicant's conviction for insubordination, which occurred in 1983, has been removed from the criminal records upon application filed by Mr Iakovos Thlimmenos with the criminal record department of the First Instance Court of Kalamata.
General measures aimed at the prevention of similar violations
As regards the violation of Article 14, in conjunction with Article 9, of the Convention, Article 27 of Law 2915/2001 also remedied the situation of all other Greek citizens in the applicant's position or in a similar one. This measure has proved effective as no similar case has been brought to the European Court since the Thlimmenos judgment.
Furthermore, other legal and constitutional reforms have been adopted to further protection of conscientious objectors in line with the Convention's requirements and, more generally, with Council of Europe standards.
Law 2510/1997 (which entered into force on 27 June 1997) gave conscientious objectors the right to perform civilian, instead of military, service or unarmed service in the army. According to Article 18 of this Law, conscientious objectors are those who refuse to do military service “on religious or ideological beliefs” which are strictly applied by an individual and are manifested by abiding by behaviour which corresponds to these beliefs. The procedures relating to the recognition of conscientious objectors and the performance of civilian or unarmed service are regulated by specific provisions of this Law, as subsequently amended.
In April 2001, the right to an alternative service was subsequently enshrined in the Greek Constitution. An interpretative clause was thus inserted to Article 4, paragraph 6, which provides as follows: “Every Greek capable of bearing arms is obliged to contribute to the defence of the Fatherland as provided for by law”. According to the new interpretative clause, “[t]he provision of paragraph 6 does not preclude the law from providing mandatory provision of other service, within or outside the armed forces (alternative service), by those having substantiated conscientious objection to performing armed or military duties in general”.
As regards the violation of Article 6, paragraph 1, of the Convention, the government recalls a series of constitutional, legislative and practical measures already taken by Greece to accelerate proceedings in the Council of State and lower administrative courts (see Final Resolution ResDH(2005)65 concerning the case of Pafitis and others against Greece and 14 other cases). As regards certain additional problems which were in particular highlighted in more recent judgments of the Court (see for example Manios against Greece, judgment of 11 March 2004), these are being addressed by the Greek authorities, under the Committee's supervision, in the context of the execution by Greece of those judgments. The problem of lack of domestic remedies in respect of the excessive length of domestic proceedings is also being considered in this context. In pursuing its examination of the measures required, the government is taking into account the Recommendations referred to in the Declaration adopted by the Committee of Ministers at its 114th session in May 2004, and in particular those relating to the importance of domestic remedies and professional training.
Dissemination and publication of the judgment: the European Court's judgment Thlimmenos case has been translated into Greek by the Greek Foreign Ministry and widely disseminated to all competent authorities.
The Greek Government considers that the abovementioned measures have both remedied the consequences of the violations for the applicant and prevent new similar violations in the future. Accordingly, Greece has complied with its obligations under Article 46, paragraph 1, of the Convention in the Thlimmenos case.
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