Resolution CM/ResDH(2009)78 [1]

Execution of the judgment of the European Court of Human Rights

Narinen against Finland

(Application No. 45027/98, judgment of 01/06/2004 , final on 01/09/2004 )

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 a breach of the applicant ' s right to respect for his correspondence (violation of Article 8) (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 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 a p plicant 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 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(2009)78

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

Narinen against Finland

Introductory case summary

The case concerns a violation of the applicant ' s right to respect for his correspondence (violation of Article 8). The European Court found that the opening of the applicant ' s letter by an official receiver appointed to his estate in bankruptcy proceedings was not in accordance with the law due to the absence of specific, legally binding rules on the matter.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

6 843 EUR

6 843 EUR

Paid on 01/12/2004

b) Individual measures

The European Court considered that the finding of a violation in this case constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant.

II. General measures

The bankruptcy legislation at the origin of the violation has been repealed and a new Bankruptcy Act (120/2004) entered into force on 1 September 2004. According to this new legislation (Chapter 4, section 4§1), the bankruptcy trustee shall have a right, without the debtor ' s consent, to receive and open mail and other messages, as well as parcels, addressed to the debtor which pertain to his or her economic activities. According to the travaux préparatoires , the provision concerns only mail and messages relating to debtor ' s economic activities and cannot be applied to any personal mail.

The judgment of the European Court has in addition been published on the Finlex database. A summary of the judgment in Finnish has been published on the same database. The judgment has been sent out to the Parliamentary Ombudsman, the Office of the Chancellor of Justice, the Supreme Court, the Supreme Administrative Court , the Ministry of Justice, the Espoo District Court and the Helsinki Appeal Court , on 2 June 2004.

III. Conclusions of the respondent state

The government considers that no other individual measure is required in this case, that the general measures taken adopted will prevent other, similar violations and that Finland has thus complied with its obligations under Article 46 paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 30 September 2009 at the 1065 th meeting of the Ministers’ Deputies