Final Resolution ResDH(2000)151
Human Rights
Application No. 31263/96
Fernández Fraga against Spain
(Adopted by the Committee of Ministers on 18 December 2000
at the 732nd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (98) 92, adopted on 22 April 1998 in the case of Fernández Fraga against Spain, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the unfairness of certain proceedings before the labour courts, and to make public the report of the European Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 16 December 1998;
Whereas at the 716th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 24 July 2000, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, the sum of 100 000 pesetas for all kinds of damages, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 22 April 1998 and 24 July 2000, having regard to Spain’s obligation under Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned, notably to the Tribunal for Social Affairs No. 1 (Juzgado de lo Social N° 1), the Constitutional Tribunal and the General Council of Judicial Courts (Consejo General del Poder Judicial);
Whereas the Committee of Ministers satisfied itself that on 19 September 2000, within the time-limit set, the Government of the respondent State put at the disposal of the applicant the total sum of 100 000 pesetas as just satisfaction,
Declares, after having taken note of the measures taken by the Government of Spain, that it has exercised its functions under Article 32 of the Convention in this case.
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