Resolution CM/ResDH(2013)60

Vilén against Finland

Execution of the judgment of the European Court of Human Rights

(Application No. 22635/04 , judgment of 17/02/2009 , final on 17/05/2009 )

(Adopted by the Committee of Ministers on 30 April 2013 at the 1169th meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in the above case and to the violation established;

Recalling the respondent State ’ s obligation under Article 46, paragraph 1, of the Convention to abide by all final judgments in cases to which it is party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2013)268E );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

A ction report

on the execution of the judgment of the European Court of Human Rights

Respondent State

Finland

Application No.

22635/04

Name

Vilén

Judgment

17/02/2009

Final

17/05/2009

Violation of the Convention

Art. 6 § 1

Right to a fair trial.

The unfairness of insurance proceedings concerning sickness benefits due to the applicant ’ s impossibility to comment on medical statements included in his file.

Type

Leading case

I. Individual measures

Just satisfaction

Just satisfaction EUR 2 000 has been paid by the government.

Other measures

The re-opening of the domestic proceedings is allowed by the national legislation.

No other individual measures are necessary.

II. General measures

Dissemination and publication

In view of the direct effect of the Convention and its case law in the Finnish legal system, the publication and dissemination of the European Court ’ s judgment to all judicial authorities are useful to prevent new, similar violations. The judgment has been disseminated to the Social Insurance Institution and the Appellate Board for Social Insurance, as well as to the Parliamentary Ombudsman, the Chancellor of Justice, the Committee for Constitutional Law of the Parliament, the Supreme Administrative Court, the Supreme Court, the Ministry of Justice, the Office of the Prosecutor-General, and the Ministry of Social Affairs and Health.

The summary of the judgement has been published on the government ’ s website on national legislation and case law (www.finlex.fi) in Finnish. The Ministry for Foreign Affairs also published a press release on the judgment on the same day as the judgment was delivered.

Government ’ s conclusion

The measures adopted are capable of preventing similar violations. Finland has thus complied with its obligations under Article 46, paragraph 1, of the Convention.