The Committee of Ministers, under the terms of Article 32
(art. 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 by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on
20 September 1990 by N.M.T., J.B.B. and L.B.A. against Spain
(Application No. 17437/90);
Whereas on 30 August 1993 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 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in their application, as declared admissible by the
Commission on 8 January 1993, the applicants complained of the
excessive length of their detention on remand;
Whereas in its report adopted on 30 June 1993, the Commission
expressed, unanimously, the opinion that there had been a violation
of Article 5, paragraph 3 (art. 5-3), of the Convention;
Whereas, at the 505th meeting of the Ministers' Deputies held
on 7 January 1994, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 5, paragraph 3 (art. 5-3), 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 applicants, proposals
supplemented by a letter of the President of the Commission dated
8 July 1994;
Whereas, at the 517th meeting of the Deputies held on
21 September 1994, the Committee of Ministers decided, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Spain was to pay to each
applicant as just satisfaction, within three months,
230 000 Spanish pesetas in respect of non-pecuniary damage and
jointly 1 050 000 Spanish pesetas in respect of costs and expenses,
namely a total sum of 1 740 000 Spanish pesetas;
Having regard to the Interim Resolution DH (95) 18, adopted at
the 530th meeting of the Deputies held on 2 March 1995, whereby the
Committee of Ministers decided to make public, in the present case,
the decision under Article 32, paragraph 1 (art. 32-1), of the
Convention taken in the course of the Deputies' 505th meeting, as
well as the Commission's report;
Whereas the Committee of Ministers invited the Government of
Spain to inform it of the measures taken following its decisions of
7 January and 21 September 1994, having regard to Spain's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Spain gave the Committee
information about the measures taken in consequence of the
Committee's decisions, which information appears in the appendix to
this resolution;
Whereas the Committee of Ministers satisfied itself that, on
2 May 1995, the Government of Spain paid 580 000 Spanish pesetas to
each of the two applicants J.B.B. and L.B.A., that is their
respective parts of the just satisfaction awarded, and on
5 May 1995 the same sum to N.M.T., whom it had not been possible to
locate, into an account opened in his name at the General Office of
Deposits, that is a total of 1 740 000 Spanish pesetas as just
satisfaction,
Declares, having taken note of the measures taken by the
Government of Spain, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case.
Appendix to Final Resolution DH (95) 106
Information provided by the Government of Spain
during the examination of the case of N.M.T., J.B.B. and L.B.A.
by the Committee of Ministers
Because of the impossibility of finding the applicant N.M.T.,
despite considerable efforts, the payment of the just satisfaction
awarded has been made separately to each applicant. The
580 000 Spanish pesetas thus due to N.M.T. were put at his
disposal, on 5 May 1995, in an account opened at the General Office
of Deposits in his name.
The Commission's report has been published in the Boletín de
Información - Jurisprudencia de los órganos del Convenio Europeo de
Derechos Humanos (June 1995, pp. 3699-3712). Moreover, the report
has been sent out to the judicial authorities concerned by the
present case.
The Government of Spain considers that these measures are, in
the present case and considering the status of the Convention and
of the jurisprudence of the Strasbourg organs in domestic law,
sufficient to meet the requirements of Article 53 (art. 53) of the
Convention.
Full & Egal Universal Law Academy