AS TO THE ADMISSIBILITY OF
Application No. 18971/91
by Kauko TUOMAINEN
against Finland
The European Commission of Human Rights (First Chamber) sitting
in private on 31 August 1994, the following members being present:
MM. A. WEITZEL, President
C.L. ROZAKIS
F. ERMACORA
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
Mrs. J. LIDDY
MM. M.P. PELLONPÄÄ
B. MARXER
B. CONFORTI
N. BRATZA
I. BÉKÉS
E. KONSTANTINOV
Mrs. M.F. BUQUICCHIO, Secretary to the Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 4 July 1991 by
Mr. Kauko TUOMAINEN against Finland and registered on 22 October 1991
under file No. 18971/91;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having regard to :
- the observations submitted by the respondent Government on
6 January 1994;
- the applicant's death and the absence of any reaction on the part
of his estate to the effect that the application would be
pursued;
Having deliberated;
Decides as follows:
THE FACTS
The applicant was a Finnish citizen, born in 1926. He lived in
Kurolanlahti. The facts of the case as submitted by the parties may be
summarised as follows:
In October 1984 the applicant bought 77 hectares of land which
later became the subject of redemption and compensation proceedings in
the absence of agreement with the National Board of Agriculture. The
applicant pursued unsuccessful litigation up to the Land Court and
Supreme Court, when finally 371.177 FIM was fixed as final compensation
to the applicant for the redemption of the land in question.
COMPLAINTS
The applicant had complained to the Commission of allegedly
insufficient compensation, an unfair hearing and unreasonable delay in
the proceedings. He invoked Article 1 of Protocol No. 1 to the
Convention and Article 6 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 4 July 1991 and registered on
22 October 1991. On 13 October 1993 the Commission decided to request
the respondent Government to submit written observations on the
admissibility and merits of the applicant's complaint under Article 1
of Protocol No. 1. The Government's observations were submitted on
6 January 1994. On 28 January 1994 these were communicated to the
applicant for possible comments before 18 March 1994.
On 26 April 1994 the applicant was sent a registered letter
drawing his attention to the expiry of the above-stated time-limit.
This letter was returned by the Finnish Postal Service indicating that
the applicant had died. On 20 May 1994 a registered letter was sent to
the administrator of the applicant's estate inviting his heir or heirs
to inform the Commission before 24 June 1994 whether he or they
intended to pursue the application. On 10 June 1994 the Commission
received an acknowledgement of receipt of its letter of 20 May 1994.
REASONS FOR THE DECISION
The Commission recalls that under Article 30 para. 1 (a) and (c)
of the Convention it may decide to strike a petition out of its list
of cases where the circumstances lead to the conclusion that the
applicant does not intend to pursue his case or that it is, for any
other reason established by the Commission, no longer justified to
continue the examination of it. The Commission shall, however, continue
its examination of the petition if respect for human rights, as defined
in the Convention, so requires.
The Commission observes that the applicant has died on an unknown
date. In view of the absence of any reaction on the part of his estate,
the Commission considers that the application is not being pursued by
the applicant's successors. Moreover, in the absence of any special
circumstances regarding respect for human rights, as defined in the
Convention, it is no longer justified to continue the examination of
the case.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the First Chamber President of the First Chamber
(M.F. BUQUICCHIO) (A. WEITZEL)
Full & Egal Universal Law Academy