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 judgment of the European Court of Human Rights in
the Skoogström case (friendly settlement), delivered on
2 October 1984 and transmitted the same day to the Committee of
Ministers;
Recalling that the case had its origin in an application against
Sweden, lodged with the European Commission of Human Rights, under
Article 25 (art. 25) of the convention, by a Swedish national,
Mr Owe Skoogström, alleging among other things that he had neither
been "brought promptly before a judge or other officer authorised by
law to exercise judicial power" nor brought to trial "within a
reasonable time", in breach of Article 5, paragraph 3 (art. 5-3),
of the convention;
Whereas in its judgment of 2 October 1984 the Court, having taken
formal note of the friendly settlement reached between the Swedish
Government and the applicant and having underlined that it had no
cause to believe that the settlement did not reflect the free will of
the applicant and that it did not see any reason of public policy
(ordre public) sufficiently compelling to warrant its proceeding to
consider the merits of the case, decided by four votes to three to
strike the case off the list;
Recalling that Rule 48, paragraph 3, of the Rules of Court of the
European Court of Human Rights provides that the striking out of a
case shall be effected by means of a judgment which the President
shall forward to the Committee of Ministers in order to allow it to
supervise, in accordance with Article 54 (art. 54) of the convention,
the execution of any undertakings which may have been attached to the
discontinuance or solution of the matter;
Having invited the Government of Sweden to inform it of the measures
taken for the execution of the undertakings attached to the solution
of the case;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Sweden informed the Committee of the
measures taken, which information appears in the appendix to this
resolution,
Declares, having taken note of this information, that it has exercised
its functions under Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (85) 16
Information provided by the Government of Sweden
during the examination of the Skoogström case
before the Committee of Ministers
Following the friendly settlement, the Government of Sweden has
accepted to pay Mr Skoogström for his legal costs the sum of
5 000 SK. The settlement was signed on 19 March 1984 by the agent of the
Government and the lawyer for the applicant. On 29 March the
Government decided to pay the amount.
In the friendly settlement reference was made to the Swedish
Commission for Revision of certain parts of the Code of Judicial
Procedure, established in the spring of 1983. The Swedish Commission
has been informed about the report of the European Commission of Human
Rights and asked to propose and work out the details for such
amendments to the code as are required in order to put it beyond any
doubt that it is in conformity with Article 5, paragraph 3
(art. 5-3), of the convention. In the meantime, the Government has
seen to it that the National Board of the Judiciary and the Chief
Prosecutor publish a summary of the Commission's report so as to
enable the judiciary and the prosecutors to avoid creating situations
which had been found to constitute a violation of the said article
(art. 5-3).
The Swedish Commission has held meetings in various parts of Sweden
informing the police, the prosecutors and the courts of the reports of
the European Commission and of the European Court of Human Rights.
The reports have also been published in professional publications for
police, prosecutors and judges.
The lawyer for the applicant has been assigned to assist the Swedish
Commission for Revision of certain parts of the Code of Judicial
Procedure. In a letter to the Court, the lawyer has said that he is
well aware of the efforts made in order to bring the code in
conformity with the convention as soon as possible.