resolution DH (99) 14
HUMAN RIGHTS
APPLICATION No. 24470/94
MAMALIS AGAINST GREECE
(Adopted by the Committee of Ministers on 18 January 1999
at the 654th 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 the report drawn up on 11 April 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 8 June 1994 by a Greek national, Mr Nicolaos Mamalis, against Greece;
Whereas on 14 May 1996 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in his application, as declared admissible by the Commission on 6 September 1995, the applicant complained of the excessive length of certain criminal proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas at the 576th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 15 November 1996, that there had been in this case a violation of Article 6, paragraph 1, of the Convention;
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 25 September 1996;
Whereas at the 582nd meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 28 January 1997, 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, 2 000 000 drachmas in respect of non-pecuniary damage and 15 000 French francs in respect of costs and expenses, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of default interest) 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 15 November 1996 and 28 January 1997, having regard to Greece’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 accordingly indicated that the Commission's report had been sent out to the authorities directly concerned;
Whereas the Committee of Ministers satisfied itself that on 5 September 1997, the government of the respondent State paid the applicant the sum of 2 751 000 drachmas corresponding to the total of the sums awarded in respect of just satisfaction and the default interest due,
Declares, after having taken note of the measures taken by the Government of Greece, that it has exercised its functions under Article 32 of the Convention in this case;
Authorises the publication of the report adopted by the Commission in this case.
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