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 9 June 1987
by Ms Siv Öunapuu against Sweden (Application No. 13625/88);
Whereas on 15 October 1992 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 her application the applicant complained, inter
alia, of the absence of a right to a court review of a division of
building plots affecting a piece of real estate owned by her;
Whereas the Commission declared the application admissible on
14 October 1991 and in its report adopted on 2 September 1992
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 487th meeting of the Ministers' Deputies held
on 26 January 1993, 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 6, paragraph 1 (art. 6-1), 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 5 July 1993;
Whereas on 21 September 1993 the Committee of Ministers held,
in accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Sweden was to pay the applicant
within three months 10 000 Swedish crowns in respect of
non-pecuniary damage and 23 000 Swedish crowns for costs;
Whereas the Committee of Ministers invited the Government of
Sweden to inform it of the measures taken following its decisions
of 26 January and 21 September 1993, having regard to Sweden's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas the Government of Sweden informed the Committee of
Ministers that the Act of 21 April 1988 on Judicial Review of
Certain Administrative Decisions, already mentioned in, inter alia,
Resolution DH (90) 2 concerning the Allan Jacobsson case, would
apply to situations comparable to the one at issue in the present
case;
Whereas the Committee of Ministers satisfied itself that on
18 November 1993 the Government of Sweden paid the applicant the
total sum of 33 000 Swedish crowns in respect of just satisfaction,
Declares, having taken note of the measures taken by the
Government of Sweden, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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