Resolution CM/ ResDH (2010)197 [1]

Execution of the judgments of the European Court of Human Rights

Papadopoulos Georgios , Karanakis and Roidakis against Greece

(Papadopoulos Georgios , application n o 52464/99, judgment of 06 February 2003, final on 21 May 2003

Karakanis , application n o 14189/05, judgment of 03 May 2007, final on 03 August 2007

Roidakis , application n o 7629/05, judgment of 21 June 2007, final on 21 September 2007)

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern the excessive length of proceedings before administrative, criminal and civil courts respectively (violation of Article 6, paragraph 1, of the Convention) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Greece ’ s obligation under Article 46, paragraph 1, of the Convention 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, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (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 exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2010)197

Information about the measures to comply with the judgments in the cases of Papadopoulos Georgios , Karanakis and Roidakis against Greece

Introductory case summary

These cases concern the excessive length of certain proceedings as follows:

- Case of Papadopoulos Georgios : before administrative courts, 12 years, 6 months and 22 days for three levels of jurisdiction;

- Case of Karanakis : before criminal courts, 10 years, 4 months and 28 days for two levels of jurisdiction;

- Case of Roidakis : before civil courts (9 years and almost 4 months for three levels of jurisdiction

(violations of Article 6§1).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Cases

Non-pecuniary damage

Costs and expenses

Total

Papadopoulos Georgios

7,000 EUR

5,000 EUR

12 000 EUR

paid on 10/07/2003

Karakanis

12,000 EUR

---

12 000 EUR

paid on 20/10/2007

Roidakis

---

500 EUR

500 EUR

paid on 06/12/2007

b) Individual measures

The European Court awarded just satisfaction to the first two applicants in respect of the non-pecuniary damage they had suffered. In the Roidakis case, the applicant made no claim for just satisfaction. In all three cases, the proceedings before the national courts had been concluded before the European Court ’ s judgment.

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

II. General measures

Legislative and other measures to accelerate proceedings before administrative, civil and criminal courts have been adopted (see respectively Final Resolution ResDH (2005)65 on Pafitis and others and 14 other cases against Greece, adopted on 18/07/2005, Final Resolution ResDH (2005)66 on Tarighi Wageh Dashti and 7 other cases against Greece, adopted on 18/07/2005 and Final Resolution ResDH (2005)64 concerning Academy Trading Ltd and other cases against Greece, adopted on 18/07/2005).

However, additional issues in this field are highlighted in more recent judgments. The measures taken or envisaged by the Greek authorities are being supervised by the Committee of Ministers in the Manios group.

III. Conclusions of the respondent State

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violations of the Convention found by the European Court in these cases, 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.