The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgments of the European Court of Human Rights
in the case of "Luedicke, Belkacem and Koç", delivered on
28 November 1978 and 10 March 1980 and transmitted the same days to
the Committee of Ministers;
Recalling that the case had its origin in three applications against
the Federal Republic of Germany lodged with the European Commission of
Human Rights by Mr Gerhard W. Luedicke, a United Kingdom citizen,
Mr Mohammed Belkacem, an Algerian citizen and Mr Arif Koç, a Turkish
citizen, which the Commission joined and in which the applicants
claimed to be victims of a violation of Article 6, paragraph 3.e,
(art. 6-3-e) of the Convention in that they had been ordered by the
German courts to bear interpretation costs and Mr Luedicke and
Mr Belkacem also alleged discrimination by reason of the fact that a
foreigner not speaking German was in a less favourable position than a
German person;
Recalling that the case had been brought before the Court by the
Government of the Federal Republic of Germany and by the European
Commission of Human Rights;
Whereas, in its judgment of 28 November 1978, the Court
Decides unanimously not to strike the case out of its list as far
as the applicant Koç is concerned;
Holds unanimously that there has been a breach of Article 6
paragraph 3.e (art. 6-3-e), of the Convention;
Holds unanimously that it is not necessary also to examine the
case under Article 14 (art. 14);
Holds unanimously that the Federal Republic of Germany must
reimburse Mr Luedicke for the interpretation costs that he was
obliged to pay;
Holds unanimously that the question of the application of Article 50
(art. 50) is not ready for decision as regards the applicant' other
claims; accordingly,
a. reserves the said question in relation to those claims;
b. invites those appearing before the Court to notify it, within
three months from the delivery of this judgment, of any settlement at
which the Government and the applicants may have arrived in connection
therewith;
c. reserves the further procedure to be followed on this
question;
Whereas in its judgment of 10 March 1980, the Court unanimously
Decides to strike the case out of its list as regards the
applicants Luedicke and Koç;
Rejects the request made in the name of the applicant Belkacem;
Having regard to the "Rules concerning the application of Article 54
(art. 54) of the Convention";
Having invited the Government of the Federal Republic of Germany to
inform it of the measures which had been taken in consequence of the
judgments, having regard to its obligation under Article 53 (art. 53)
of the Convention to abide by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of the Federal Republic of Germany informed
the Committee of Ministers of measures taken in consequence of the
judgment of 28 November 1978 which information appears in the appendix
to this resolution;
Having taken note of the above-mentioned information and being aware
of the current position under the laws of the Federal Republic of
Germany in the sector affected by the Court's judgments,
Declares that it has exercised its function under Article 54 (art. 54)
of the Convention in this case.
Appendix to Resolution DH (83) 4
Information provided by the Government of the
Federal Republic of Germany during the
examination of the case of "Luedicke, Belkacem and Koç"
before the Committee of Ministers
On 19 January 1979 the Minister of Justice of Land North
Rhine-Westphalia reimbursed the Command Legal Aid Section of the
British Army in Bielefeld, which had represented the applicant
Leudicke, the sum of 201.40 DM for transmission to the applicant. The
headquarters of the United Kingdom Land Forces confirmed by letter
dated 2 October 1979 to the European Commission of Human Rights that
the Luedicke case was regarded as settled.
The Federal Republic of Germany and the counsel of applicant Koç reached
agreement. By letter of 19 June 1979, the applicant's counsel
confirmed that his client's claim had been satisfied by the payment of
the sum of 2 064.30 DM. By letter of 9 July 1979 he acknowledged
receipt of the payment.
The Federal Government and the Secretary to the Commission transmitted
the relevant documents to the Court. The Court verified the equitable
nature of these agreements and, having regard to the opinion
expressed by the Commission's delegates, stated that it entertained no
doubts on the matter. Accordingly the Court struck the case out of
its list as regards these two applicants (judgment of 10 March 1980,
paragraph 13).
As regards the applicant Belkacem, the relevant Berlin authorities
first suspended and then, on 15 February 1979, cancelled recovery of
the interpretation costs. Since the applicant Belkacem had the
benefit of free legal aid both before the Commission and, after
reference of the case to the Court, in his relations with the
delegates, he bore no costs himself and suffered no loss capable of
being compensated under Article 50 (art. 50) of the Convention.
Accordingly, the Court held that the additional fees of 2 171.33 DM
claimed by Mr. Belkacem's lawyer were not well-founded and rejected
the request (judgment of 10 March 1980, paragraphs 14-16).
Since the Court itself examined the measures taken by the Government
of the Federal Republic of Germany in consequence of the judgment of
28 November 1978 and held that the three cases are settled, the
Federal Government considered that it had fulfilled its duties under
Article 53 (art. 53) of the Convention in this case.