Resolution CM/ResDH(2008) 42 [1]

Execution of the judgments of the European Court of Human Rights

Skondrianos against Greece and two other judgments

(see details in Appendix)

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 they all concern violations of the applicants ' right of access to a court due to the dismissal by the Court of Cassation of their appeals on points of law against their criminal convictions, on the ground that they had failed to establish that they had surrended to custody pursuant to those convictions (violations of Article 6, paragraph 1, of the Convention).

Recalling that the case of Skondrianos also concerns the violation of the applicant ' s right to an adversarial trial (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 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(2008)42

Information about the measures taken to comply with the judgment in the case of Skondrianos against Greece and two other cases

Introductory case summary

These cases concern violations of the applicants ' right of access to a court due to the dismissal by the Court of Cassation in 2000, 2003 and 2004 of their appeals on points of law against criminal convictions on the ground (application of Article 508§1 of the Code of Criminal Procedure) that they had failed to establish that they had surrendered to custody pursuant to those convictions (violations of Article 6§1).

The case of Skondrianos also concerns the failure to respect the applicant ' s right to an adversarial trial in that his appeal was dismissed on grounds considered to be mandatory by the Court of Cassation, but different from those proposed by the prosecution. The applicant had concentrated on the grounds for inadmissibility put forward by the prosecution and thus had no opportunity to address this “new” ground of inadmissibility (violation of Article 6§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

Paid on

Skondrianos judgment of 18/12/2003,

final on 18/03/2004

( 63000/00+)

-

-

1 700 EUR

1 700 EUR

13/05/2004

Mavromatis , judgment of 22/06/2006,

final on 22/09/2006

(6225/04)

-

-

1 500 EUR

1 500 EUR

04/12/2006

Tastanidis , judgment of 12/10/2006,

final on 12/01/2007

(18059/04)

No just satisfaction awarded

b) Individual measures

Following the judgments of the European Court, the applicants were entitled to request that their cases be reopened before the Court of Cassation in accordance with Article 525§1(5) of the Code of Criminal Procedure (CCP).

II. General measures

1) As regards the first violation of Article 6, paragraph 1 (common in all cases):

a) Interim measures

T he Court of Cassation, after the facts of the Skondrianos case, established in its case-law that the conditions contained in Article 508§1 of the Code of Criminal Procedure should be examined in concreto , taking into consideration the gravity of the offence and the penalty imposed, so that a fair balance may be struck between the provisions of the law and the individual ' s right of access to a court under Article 6, paragraph 1, of the Convention, which has a supra-statutory force in Greek law (Court of Cassation, Plenary, judgment 14/2001 and Court of Cassation, Fifth Chamber, judgment 1320/2003).

b) Legislative measures

Parliament passed Law 3346/2005 (in force since 17/06/2005) which abrogated Article 508 of the Code of Criminal Procedure, in conformity with the European Court ' s case-law.

2) As regards the second violation of Article 6, paragraph 1, in the case of Skondrianos :

Similar violations should be avoided through direct effect of the Convention in Greek law (as confirmed by the case-law of the Court of Cassation mentioned above) and the publication and dissemination of the European Court ' s judgment (see below).

The European Court ' s judgment in the case of Skondrianos was translated and published with a commentary in the widely read criminal law journal P oiniki Dikaiosyni 1/2004, 43-49. It has also been published in Greek on the website of the Athens Bar ( www.dsa.gr ). Moreover, a ll the judgments of the European Court were promptly translated and disseminated to all competent judicial authorities and were published on the State Legal Council ' s website on the State Legal Council ( www.nsk.gr ).

III. Conclusions of the respondent state

The government considers that the measures taken 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 new, 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 25 June 2008 at the 1028th meeting of the Ministers’ Deputies