FOURTH SECTION

DECISION

Application no. 14170/03 by Ilkka SUOMI against Finland

The European Court of Human Rights (Fourth Section), sitting on 3 July 2007 as a Chamber composed of:

Sir Nicolas Bratza , President , Mr J. Casadevall , Mr S. Pavlovschi , Mr L. Garlicki , Ms L. Mijović , Mr J. Šikuta , Mrs P. Hirvelä, judges , and Mrs F. Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 28 April 2003,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together ,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having regard to the formal declarations accepting a friendly settlement of the case ,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Ilkka Suomi , is a Finnish national who was born in 1956 and lives in Salo . He was represented before the Court by Mr L. Ylikyl ä , a lawyer practising in Turku . The Finnish Government (“the Government”) were represented by their Agent, Mr Arto Kosonen of the Ministry for Foreign Affairs .

The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

On 23 June 1992 the police were informed of suspected offen ces in respect of credits granted without adequate guarantee arrangements, which led to a bank ’ s winding-up at the beginning of the 1990s. The criminal investigation was initiated by the police on 7 July 1992. The pre-trial investigations lasted from 7 July 1992 to 9 December 1994 and from 9 April 1996 ending on 9 May 1996. On 7 August 1992 the police carried out a search of the applicant ’ s home and seized book-keeping materials relating to the suspected involvement of four other persons in criminal offences. According to the minutes, the applicant was not a suspect at that time. On 3 May 1993 the police carried out another search at the applicant ’ s home. At that time he was suspected of serious fraud.

The hearing of the case, which involved about 3 0 defendants, began in the Salo District Court ( käräjäoikeus , tingsrätten) on 7 March 1995. The proceedings, which included several adjournments , lasted approximately five years in total. The case was heard over a total of 68 or 69 days. The judgment was rendered on 24 March 2000 and it ran to almost 900 pages. The applicant was convicted of f ive counts of aggravated fraud and three counts of irregular bookkeeping. He was sentenced to a suspended term of one year and eight months ’ imprisonment and a supplementary fine. The District Court decided to examine the complainant ’ s, i.e. the bank ’ s successor, claims for damages in separate civil proceedings. These proceedings are still pending before the national courts.

On 4 March 2002 the Turku Court of Appeal ( hovioikeus , hovrätten ), having held an oral hearing during the period 20 August to 29 November 2001, gave judgment. Although it dismissed the charges relating to two accounting offences, i t increased the applicant ’ s sentence to two years ’ unconditional imprisonment and the loss of his military rank. The court stated in its reasons (p. 138) that it took the length of the proceedings into account in reducing the sentence s o f all defendants in the case.

On 30 October 2002 the Supreme Court ( korkein oikeus, högsta domstolen ) refused leave to appeal.

COMPLAINT

The applicant complained under Article 6 of the Convention about the length of the criminal proceedings.

THE LAW

On 18 June 2007 the Court received the following declaration from the Government:

“ I, Mr Arto Kosonen , Agent of the Government of Finland , declare that the Government of Finland offer to pay ex gratia EUR 10,800 [1] (ten thousand eight hundred euros ) to Mr Ilkka Suomi with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay th is sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case. ”

On 18 June 2007 the Court received the following declaration signed by the applicant:

“ I, Mr Ilkka Suomi, the applicant in the above-mentioned case, note that the Government of Finland are prepared to pay me ex gratia the sum of EUR 10,800 (ten thousand eight hundred euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Finland in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case. ”

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

FatoÅŸ Aracı Nicolas Bratza              Deputy Registrar President

[1] This sum includes non-pecuniary damage EUR 8,000 and costs and expenses EUR 2,800. The latter amount is inclusive of value-added tax.