FIRST SECTION
DECISION
Application no. 24987/05
by Klio MARKOULAKI
against Greece
The European Court of Human Rights (First Section), sitting on 24 May 2007 as a Chamber composed of:
MrL. Loucaides, President,
MrC.L. Rozakis,
MrsN. Vajić,
MrA. Kovler,
MrsE. Steiner,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 28 June 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Klio Markoulaki, is a Greek national who was born in 1937 and lives in Athens. She was represented before the Court by Mr N. Tsoulos, a lawyer practising in Athens. The Greek Government (“the Government”) were represented by their Agent, Mr K. Bakalis, President of the State Legal Council.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 2 May 2002 the applicant filed a criminal complaint against Dr S. She accused him that he had falsified her hospital admission papers in order to conceal the errors he had committed in his diagnosis and treatment. The applicant joined the proceedings as a civil party.
On 3 November 2004 the Athens First Instance Criminal Court acquitted the accused (decision no. 61255/04). Under Greek law the applicant could not appeal against this decision.
On 10 November 2004 the applicant asked the Public Prosecutors at the Athens First Instance Criminal Court and the Court of Appeal to appeal against the above decision. On 12 and 15 November 2004 respectively the Public Prosecutors dismissed her requests.
On 27 December 2004 the applicant asked the Public Prosecutor at the Court of Cassation to bring the case before the Court of Cassation. On 28 December 2004 the latter dismissed her request.
On 4 January 2005 the applicant filed a new request putting forward additional reasons for her case to be brought before the Court of Cassation. On 5 January 2005 another Public Prosecutor at the Court of Cassation dismissed her request.
COMPLAINTS
The applicant complained under Articles 6 § 1 and 13 of the Convention that the proceedings in her case had been unfair. She argued that decision no. 61255/04 had not been sufficiently reasoned and that the decisions by which the Public Prosecutors had dismissed her requests to bring the case before the Court of Appeal and the Court of Cassation had not been at all reasoned.
THE LAW
On 5 April 2007 the Court received the following declaration from the Government:
“I, Mr Konstantinos Bakalis, President of the Legal Council of the State of Greece, declare that the Government of Greece offer to pay ex gratia 3,000 € (three thousand euros) to Ms Klio Markoulaki with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and it will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
On 1 March 2007 the Court received the following declaration from the applicant’s lawyer:
“I, Mr Nikos Tsoulos, lawyer, note that the Government of Greece are prepared to pay ex gratia the sum of 3,000 € (three thousand euros) to Ms Klio Markoulaki with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and it will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Greece in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to discontinue the application of Article 29 § 3 of the Convention and to strike the application out of its list of cases.
Søren NielsenLoukis Loucaides
RegistrarPresident
Full & Egal Universal Law Academy