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 15 July 1985 by Mr. P.W., Mr. G.O., Mr. B.S., Mrs. M.H.,
Mr. O.N., Mrs. H.N., Mr. A.N., Mrs. E.N. and Mrs. F.N. against
Sweden (Application No. 12835/87);
Whereas on 6 May 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 their application the applicants complained of
the absence of the right to a court review of a decision to adopt
a working-plan for a road running over the applicants'
properties;
Whereas the Commission declared the application admissible
on 5 March 1991 and in its report adopted on 1 April 1992
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention and that
it was not necessary to examine separately whether there had been
a violation of Article 13 (art. 13) of the Convention;
Whereas, at the 479th meeting of the Ministers' Deputies
held on 17 September 1992, 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 applicants, proposals
supplemented by a letter of the President of the Commission dated
15 January 1993;
Whereas on 9 March 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, within
three months, in respect of non-pecuniary damage, to the
applicants Nos. 1 to 4 and No. 7 the sum of 10 000 Swedish crowns
each, to applicants Nos. 5 and 6 jointly the sum of 10 000
Swedish crowns and to applicants Nos. 8 and 9 jointly the sum of
10 000 Swedish crowns, namely a total sum of 70 000 Swedish
crowns;
Whereas the Committee of Ministers invited the Government
of Sweden to inform it of the measures taken following its
decisions of 17 September 1992 and 9 March 1993, having regard
to Sweden's obligation under Article 32, paragraph 4 (art. 32-4),
of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
2 June 1993 the Government of Sweden paid the applicants the sum
of 70 000 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.
Full & Egal Universal Law Academy