Resolution CM /ResDH(2007) 165 [1]

Execution of the judgments of the European Court of Human Rights

Ioannis P apadopoulos against Greece and four other judgments

(see details in Appendix)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 to a fair trial within a reasonable time due to excessively lengthy criminal proceedings (violations of Article 6, paragraph 1, of the Convention);

Having invited the government of the respondent state to inform the Committee of the measures taken in order 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, except for the case of Gerogiannakis (see details in Appendix);

Having also satisfied itself that on the date indicated in the appendix (after expiry of the time-limit set in the Gerogiannakis case), the government of the respondent state had paid the a p plicants the sums provided in the judgments, and having taken note of the fact that the applicants had waived their right to default interest in view of the minimal sum involved;

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;

Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;

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(2007)165

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

Ioannis P apadopoulos against Greece and four other cases

Introductory case summary

These cases concern violations of the applicants’ right of to a fair trial within a reasonable time due to excessively lengthy criminal proceedings (violations of Article 6§1).

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application No.

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

P aid on

Ioannis P apadopoulos, judgment of 09/01/03, final on 21/05/03

52848/99

-

4000 €

-

4000 €

16/07/2003

Rodopoulos, judgment of 14/10/04, final on 14/01/05

11800/02

-

3000 €

1000 €

4000 €

15/03/2005

Arvanitis,

judgment of 16/06/05, final on 16/09/05

35450/02

-

4500 €

-

4500 €

05/12/2005

Amassoglou,

judgment of 21/07/05, final on 21/10/05

40775/02

-

3000 €

-

3000 €

11/01/2006

Gerogiannakis,

judgment of 10/08/06, final on 10/11/06

30173/03

-

2000 €

-

2000 €

23/02/2007

b) Individual measures

The domestic proceedings in issue in all these cases, except for the one in Ioannis P apadopoulos, were closed at the time of the European Court ’s judgments. The proceedings in the case of Ioannis P apadopoulos were also terminated following the European Court ’s judgment.

II. General measures

Following the facts in these cases, Greece adopted a series of legislative and other measures for the acceleration of proceedings in criminal courts (see Final Resolution ResDH(2005)66 regarding Tarighi Wageh Dashti and other cases).

Moreover, in accordance with the Committee of Ministers’ Recommendation Rec(2004)6 to member states on the need to improve the efficiency of domestic remedies, Greece is preparing draft legislation providing for a domestic remedy in the form of compensation for excessively lengthy proceedings in all domestic courts (see Interim Resolution CM /ResDH(2007)74).

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 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 19 December 2007 at the 1013th meeting of the Ministers’ Deputies