Resolution CM/ResDH(2008) 54 [1]

Execution of the judgment of the European Court of Human Rights

Von Hoffen against Liechtenstein

(Application No. 5010/04 , judgment of 27 July 2006 , final on 11 December 2006 )

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 excessive length of certain criminal proceedings (violation of Article 6§1) (see details in Appendix);

Having invited the government of Liechtenstein to inform the Committee of the mea s ures taken in order to comply with Liechtenstein ' s 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 Liechtenstein 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(2008)54

Information about the measures taken to comply with the judgment in the case of Von Hoffen against Liechtenstein

Introductory case summary

The case concerns the excessive length of certain criminal proceedings for fraud brought in May 1994 and closed in March 2004 (9 years and 10 months for four degrees of jurisdiction) including preliminary investigations of more than 6 years (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

-

-

2 500,00 EUR

2 500,00 EUR

Paid on 28/12/2006

b) Individual measures

None, the proceedings are closed.

II. General measures

Article 239, paragraph 1 of the Code of Criminal Procedure (CCP) provides that in investigative proceedings, anyone considering they have been adversely affected by a delay caused by an examining magistrate or by an order issued shall have the right to obtain a decision of the Court of Appeal which can then take measures in this regard (Article 243 CCP). Furthermore, with regard to the Court ' s finding that although the preliminary investigations were lengthy, the proceedings were conducted speedily at the trial and appeal stages, the case does not reveal a structural problem but seems to be an isolated one.

In January 2007, the judgment of the European Court was sent out to the authorities concerned. It was published in the Liechtensteinische Juristen-Zeitung (LJZ), June 2007, p. 61 - 66 as part of the official compilation of decisions ( Liechtensteinische Entscheidungssammlung , LES). Furthermore, the website of the respondent state provides a direct link to the European Court ' s website ( http://www.liechtenstein.li - Staat - Aussenpolitik - Multilaterale Beziehungen/Internationale Organisationen - Europarat ).

In view of these measures taken and the direct effect of the Convention in Liechtenstein , it may be assumed that the requirements of Article 6 § 1 and the Court ' s case-law will be taken into account in the future, thus preventing new, similar violations.

III. Conclusions of the respondent state

The government considers that the measures taken will prevent new, similar violations and that Liechtenstein has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 25 June 2008 at the 1028th meeting of the Ministers’ Deputies