Resolution CM/ ResDH (2012)31 [1]

Execution of the judgment of the European Court of Human Rights

Paschalidis , Koutmeridis and Zaharakis against Greece

(Applications No 27863/05, 28422/05 and 28028/05, judgment of 10 April 2008, final on 10 July 2008)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the v iolation of the right to free elections due to the applicants ’ forfeiture of their parliamentary seats following a reversal of the Special Supreme Court ’ s constant case-law (violation of Article 3 of Protocol No 1) (see details in Appendix);

Having invited the government of the respondent State to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the respondent State paid the a p plicants the just satisfaction provided in the judgments under conditions accepted by them (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent State, where appropriate, of

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

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent State (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2012)31

Information on the measures taken to comply with the judgment in the case of

Paschalidis , Koutmeridis and Zaharakis against Greece

Introductory case summary

The case concerns a v iolation of the right to free elections due to the applicants ’ forfeiture of their parliamentary seats following a reversal of the case-law of the Special Supreme Court ( Anotato Eidiko Dikastirio ). Under the electoral law applicable at the material time (presidential decree No 351/2003), amongst three sorts of ballot papers (ballot papers recognised as valid, blank ballot papers and void ballot papers) only those recognised as valid could be taken into consideration for the calculation of the electoral ratio and the attribution of seats. However, the Special Supreme Court, by a judgment of 2005, proceeded to a new interpretation of the legislation and took into account, for the calculation of the electoral quotient, not only the valid ballot papers, but also the blank ballot papers. This interpretation, which the applicants could not have foreseen, resulted in a new distribution of seats and the applicants were consequently deprived of their seats.

The European Court considered that in assessing the applicants ’ election in the light of the new interpretation of the electoral law without taking into account that this election had been conducted entirely according to law, the Special Supreme Court had breached the principle of legitimate trust and of lawfulness with regard to the applicants and the voters (§ 33 of the judgment) (violation of Article 3 Protocol No. 1).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

PASCHALIDIS

119 613 EUR

5 000 EUR

124 613 EUR

Paid on 27/10/2008

KOUTMERIDIS

78 298 EUR

5 000 EUR

83 298 EUR

Paid on 24/10/2008

ZAHARAKIS

142 532 EUR

2 000 EUR

144 532 EUR

Paid on 27/10/2008

The just satisfaction was paid under conditions apparently accepted by the applicants.

b) Individual measures

The just satisfaction awarded included the parliamentary allowances the applicants would have received if they had not forfeited their parliamentary seats. The relevant amount was calculated until the end of their term of office, net of the amount of the parliamentary pension received for the same period by the first and third applicants and the salary payments received by the second applicant.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The European Court ’ s judgment, translated into Greek, was widely disseminated, including to the Special Supreme Court.

The European Court noted that the judgment of the Special Supreme Court in question was the only judgment in which the highest electoral tribunal counted blank ballots among the valid ballots, since later the Greek Parliament adopted a new provision, namely Article 1 of Law No. 3434/2006, to avoid any imprecision that may result from the judgment in question. Under the new provision, blank ballot papers are not taken into account (§31 of the judgment).

The Greek authorities underline that this legislative amendment has remedied the violation of Article 3 of Protocol No. 1 found in this case.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that Greece has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 8 March 2012 at the 11 36 th Meeting of the Ministers’ Deputies .