Resolution ResDH(2003)185
concerning the judgment of the European Court of Human Rights
of 21 January 1999
in the case of Tsavachidis against Greece
(Adopted by the Committee of Ministers on 6 January 2004
at the 863rd 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 Tsavachidis case delivered on 21 January 1999 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. 28802/95) against Greece, lodged with the European Commission of Human Rights on 20 September 1995 under former Article 25 of the Convention by Mr Gabriel Tsavachidis, a Greek national, and that the Commission declared admissible the applicant’s complaint that the Greek intelligence services had kept him under surveillance because of his religious beliefs, thus violating in particular his right to respect for his religious beliefs as well as his right to respect for his private life and home;
Recalling that the case was brought before the Court by the Commission on 15 December 1997;
Whereas in its judgment of 21 January 1999 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, having recalled its case-law on the Contracting States’ obligations as regards adequate and effective safeguards against abuses of national systems of secret surveillance and having been satisfied that the present settlement was based on respect for human rights as defined in the Convention and its Protocols, decided, unanimously to strike the case out of its list;
Whereas under the above-mentioned friendly settlement the Government of Greece stated that the Jehova’s Witnesses were not, and would never in the future be, subject to secret surveillance on account of their religious beliefs and whereas it was furthermore agreed that the Government of Greece had undertaken to pay the applicant the sum of 1 500 000 drachmas for the costs occurred in the proceedings before the European Commission of Human Rights;
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;
Having taken formal notice of the Greek Government’s statement that at the time of the friendly settlement Jehova’s Witnesses were not, and would never in the future be, subject to secret surveillance on account of their religious beliefs and of the fact that the friendly settlement had been translated into Greek and published in a countrywide legal periodical (PoinDik, 2/99, p.175-177) in February 1999;
Having furthermore satisfied itself that on 13 January 1999, before the delivery of judgment, the government of the respondent state had paid the applicant the sum provided in the friendly settlement,
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 with respect to the commitments subscribed to in this case.
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