Resolution ResDH(2002)15
concerning the judgment of the European Court of Human Rights
of 19 October 2000 (final on 9 April 2001)
in the case of Zarmakoupis and Sakellaropoulos against Greece
(Adopted by the Committee of Ministers on 6 March 2002
at the 783rd 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 judgment of the European Court of Human Rights in the Zarmakoupis and Sakellaropoulos case delivered on 19 October 2000 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. 44741/98) against Greece, lodged with the European Commission of Human Rights on 11 September 1998 under former Article 25 of the Convention by two Greek nationals, Mr Anastassios Zarmakoupis and Mr Georgios Sakellaropoulos, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain criminal proceedings;
Whereas in its judgment of 19 October 2000 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay to each one of the applicants, within three months from the date at which the judgment became final, 5 000 000 drachmas in respect of pecuniary and non-pecuniary damage, together with any value-added tax that may be chargeable and that simple interest at an annual rate of 6% would be payable on this sum from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants’ 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 19 October 2000, having regard to Greece’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 indicated that the Court’s judgment had been sent out to the competent judicial and administrative authorities of the country;
Having satisfied itself that on 11 June 2001, within the time-limit set, the government of the respondent state had paid each of the applicants the sum provided for in the judgment of 19 October 2000,
Declares, after having taken note of 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.
Full & Egal Universal Law Academy