CASE OF H. v. FINLAND
Doc ref: 18507/91 • ECHR ID: 001-18
Document date: December 15, 1995
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In the case of H. v. Finland (1),
The Screening Panel of the European Court of Human Rights,
constituted in accordance with Article 48 para. 2 (art. 48-2) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
("the Convention") and Rule 26 of Rules of Court B (2),
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Notes by the Registrar
1. The case is numbered 66/1995/572/658. The first number is the
case's position on the list of cases referred to the Court in the
relevant year (second number). The last two numbers indicate the
case's position on the list of cases referred to the Court since its
creation and on the list of the corresponding originating applications
to the Commission.
2. Rules of Court B, which came into force on 2 October 1994, apply
to all cases concerning the States bound by Protocol No. 9 (P9).
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Sitting in private at Strasbourg on 27 October and
24 November 1995, and composed of the following judges:
Mr Thór Vilhjálmsson, Chairman,
Mr F. Gölcüklü,
Mr R. Pekkanen,
and also of Mr H. Petzold, Registrar,
Having regard to the application against Finland lodged with
the Court on 16 August 1995 by Mr H., a Swedish national, within the
three-month period laid down by Article 32 para. 1 and Article 47
(art. 32-1, art. 47) of the Convention;
Whereas Finland has recognised the compulsory jurisdiction of
the Court (Article 46 of the Convention) (art. 46) and ratified
Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends
Article 48 (art. 48) of the Convention so as to enable a person,
non-governmental organisation or group of individuals having lodged a
complaint with the European Commission of Human Rights ("the
Commission") to refer the case to the Court;
Noting that the present case has not been referred to the Court
by the Government of the respondent State or that of the Contracting
State of which the applicant is a national or the Commission under
Article 48 para. 1 (a), (b) or (d) (art. 48-1-a, art. 48-1-b,
art. 48-1-d) of the Convention;
Having regard to the Commission's report of 5 April 1995 on the
application (no. 18507/91) lodged with the Commission by Mr H. on
22 April 1991;
Whereas the applicant alleged breaches of Article 6 para. 1
(art. 6-1) (right to a fair hearing before an independent and impartial
tribunal) and Article 13 (art. 13) (right to an effective remedy) of
the Convention, mainly on the grounds that the Finnish Land Court,
owing to its composition, lacked the requisite impartiality in
proceedings concerning the construction of a private forestry road
crossing over his land; and that the proceedings before that court and
other competent national authorities had been unfair in several
respects;
Whereas the applicant further alleged breaches of Article 1 of
Protocol No. 1 (P1-1) (right to peaceful enjoyment of possessions) and
Article 13 (art. 13) of the Convention referring to a number of matters
regarding the implementation of the forestry road project and the
relevant proceedings;
Whereas the applicant, in specifying the object of his
application, as required by Rule 34 para. 1 (a) of Rules of Court B,
stated that he sought a decision by the Court holding that there had
been breaches of Articles 6 para. 1 and 13 (art. 6-1, art. 13) of the
Convention and of Article 1 of Protocol No. 1 (P1-1);
Having regard to Article 48 (art. 48) of the Convention and
Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,
1. Finds that
(a) the case raises no serious question affecting the
interpretation or application of the Convention and of
Protocol No. 1 (P1), in the light of the Court's case-law; and
(b) the case does not, for any other reason, warrant consideration
by the Court as, in the event of a finding that there has been
a breach of the Convention and/or Protocol No. 1 (P1), the
Committee of Ministers of the Council of Europe can award the
applicant just satisfaction, having regard to any proposals
made by the Commission;
2. Decides, therefore, unanimously, that the case will not be
considered by the Court.
Done in English and in French, and notified in writing on
15 December 1995 pursuant to Rule 34 para. 4 of Rules of Court B.
Signed: THÓR VILHJÁLMSSON
Chairman
Signed: Herbert PETZOLD
Registrar