Resolution ResDH(2006)62
concerning the judgment of the European Court of Human Rights
of 18 June 2002 (final on 18 September 2002)
in the case of Türkiye iş Bankasi against Finland
(Adopted by the Committee of Ministers on 2 November 2006,
at the 976th 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 judgment of the European Court of Human Rights in the Türkiye iş Bankasi case delivered on 18 June 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 30013/96) against Finland, lodged with the European Commission of Human Rights on 6 November 1995 under former Article 25 of the Convention by Türkiye iş Bankasi, a Turkish bank, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain civil proceedings, especially, before the Court of Appeal of Helsinki;
Whereas in its judgment of 18 June 2002 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the finding of a violation constituted in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicant;
- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 7 500 euros in respect of costs and expenses, together with any value-added tax that may be chargeable, and that simple interest at an annual rate of 11 % would be payable on this sum 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 18 June 2002, having regard to Finland's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state considered that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the judgment had accordingly rapidly been sent out to the Parliamentary Ombudsman, Chancellor of Justice, Ministry of Justice, Supreme Court, Supreme Administrative Court, Court of Appeal and City Court of Helsinki together with a covering letter; in addition, the Court's judgment has been published in the FINLEX database and reported in the Finnish press on 19 June 2002 (Helsingin Sanomat);
Having satisfied itself that on 8 January 2003, after expiry of the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the judgment of 18 June 2002, and that the default interest due, that is 49,73 euros,
Declares, having examined the information supplied by the Government of Finland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Full & Egal Universal Law Academy