Resolution CM/ ResDH ( 2010)194 [1]

Execution of the judgment of the European Court of Human Rights

Kurti against Greece

(Application No. 2507/02, judgment of 29 September 2005, final on 29 December 2005)

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 lack of sufficient reasoning in a domestic court judgment in which it was decided not to award the applicant compensation in respect of his pre-trial detention following his acquittal (violation of article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

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, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised 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 (2010)194

Information about the measures to comply with the judgment in the case of

Kurti against Greece

Introductory case summary

The case concerns the violation of the applicant ’ s right to a fair trial in that in July 2001, without providing any detailed reasoning, the Thessaloniki first-instance criminal court decided not to award him compensation in respect of his pre-trial detention (approximately 15 months) in the context of criminal proceedings in which the applicant was acquitted.

The European Court found that the domestic court ’ s decision to deny the state ’ s liability for the applicant ’ s detention on account of his own “gross negligence” lacked sufficient reasoning, particularly since its finding was decisive for the applicant ’ s right to compensation (violation of Article 6§1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

2.000 EUR

-

2.000 EUR

Paid on 21/03/2006

b) Individual measures

The applicant is entitled to request reopening of the domestic proceedings, following the judgment of the European Court , in accordance with Article 525A of the Code of Criminal Procedure. In addition, The European Court awarded the applicant just satisfaction in respect of non-pecuniary damage.

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

II. General measures

The case is similar to that of Anastassios Georgiadis , closed following the adoption by Greece of a number of legislative and other measures for the prevention of similar violations (see Final Resolution ResDH (2004)82, adopted on 22/12/04).

In addition, the phrase contained in Article 533 of the Code of Criminal Procedure regarding a person ’ s responsibility for his own detention by gross negligence has been abrogated.

The Court ’ s judgment was translated, disseminated to all competent judicial authorities and is available on the website of the State Legal Council ( www.nsk.gr ).

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant 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 2 December 2010 at the 1100th meeting of the Ministers’ Deputies