Resolution ResDH(2005)79
concerning cases relating to length of proceedings mainly before administrative courts in Greece (cases of Vitaliotou, judgment of 30 January 2003, Mentis, judgment of 20 February 2003, Halatas, judgment of 26 June 2003) (Friendly settlements)
(Adopted by the Committee of Ministers on 18 July 2005
at the 933rd 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 judgments of the European Court of Human Rights in the cases of Vitaliotou, Mentis and Halatas delivered on 30 January 2003, on 20 February 2003 and on 26 June 2003 respectively and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the cases originated in three applications (Nos. 62530/00, 61351/00 and 64825/01 respectively) against Greece, lodged with the European Court of Human Rights on 23 October 2000, 13 September 2000 and 31 July 2000 respectively under Article 34 of the Convention by Mrs Avgousta Vitaliotou, Mr Georgios Mentis and Mrs Maria Halata, Greek nationals, and that the Court declared admissible the complaints related to the excessive length of certain proceedings concerning civil rights and obligations before administrative authorities and especially before administrative courts (in particular the Council of State); in the Halata case, the Court also declared admissible the complaint relating to the administration's non-compliance with a judicial decision;
Whereas in its judgments of 30 January 2003, 20 February 2003 and 26 June 2003 the Court, after having taken formal note of the friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the cases out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the Greek government would pay the applicants, the sums of 4,000 euros, 6,000 euros and 14,500 euros respectively, covering pecuniary and non-pecuniary damage and costs, within three months as from the date of delivery of the judgments;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking-out of a case which has been declared admissible 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, friendly settlement 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 satisfied itself that on 8 April 2003, on 12 May 2003 and on 11 September 2003 within the time-limits agreed to under the terms of the friendly settlements, the Greek government had paid the applicants the sums provided for in the friendly settlements;
Recalling that, as regards the applicants' complaints relating to excessive length of proceedings before administrative courts, comprehensive legal reforms have already been adopted to prevent situations similar to those at issue in the present cases (see Resolution ResDH(2005)... in Pafitis against Greece and other similar cases), and that the Committee of Ministers is supervising further measures being taken to that effect by the Greek authorities in the context of the execution of the Court's judgments in the Manios case (judgment of 11 March 2004) and other similar cases;
Recalling that, as regards the issue raised in the case of Halatas with regard to the administration's failure to comply with domestic judicial decisions, comprehensive general measures have also been taken in order to prevent such situations in the future (see Resolution ResDH(2004)81 on Hornsby against Greece and other cases);
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 execution of the Court's judgments in the present cases.
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